- April 4, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Concerns About Unconsented Laundry Placement in New Home
So, my partner and I stumbled upon a stunning house that we absolutely adore. However, upon digging through the council files, we discovered a discrepancy in the layout of the property. The records indicate that the laundry was supposed to be located next to the kitchen inside the main dwelling. Strangely enough, the laundry is currently situated in the garage that is attached to the house. When I raised this issue with the real estate agent, she explained that the setup has been this way for a decade and furnished me with a disclosure form stating that there are no council files pertaining to the laundry being in the garage. Does this mean that the laundry setup is unconsented?
## Exploring the Implications of Unconsented Laundry Placement
Given the situation at hand, I am now left pondering the potential ramifications of this discrepancy. How significant of an issue is this, and what financial implications might arise from rectifying the situation? If my partner and I decide to proceed with purchasing the house despite the unconsented laundry setup, what challenges could this pose in the future? Can we continue to reside in the property as is, or are there legal repercussions we should be aware of?
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Usually you disclose it to your insurance and if any damage occurs from the unconsented area would be not insured.
If it’s a ground floor laundry I wouldn’t be worried about it.
Unconsented bathrooms or bedrooms/structural elements are the biggest worry.
I’d go directly to the council & check with them before doing anything.
The get a builder or plumber to check the work is done correctly.
If you love the house, you can make an offer with a basic due diligence clause in it (ask your lawyer for the wording). It means you can pull out if anything is unacceptable to you.
have you tried to get insurance for it?
A lot depends on what’s in the place of the consented laundry.
Provided no additional plumbing fixtures (i.e., extra toilet, shower, etc) are on the property, then there’s really no issues.
It’s allowed to move plumbing from one room to another with no building permit provided it doesn’t require drain laying. It’s just not allowed to add fixtures.
Have you talked to your lawyer about it? That’d be my first step.
Generally if the number of sanitary fixtures is unchanged you are not required to seek consent. So if the original laundry fixtures have been removed (I e. 2). And the new laundry fixtures equal that, then no consent was needed.
You may not have much luck seeking a COA, as the BCA may not view it as a consentable item. In cases where the homeowner is nervous, often an official exemption is sought, or a “record of works” is loaded against the property file.
I have no experience in seeking a retrospective exemption, however there is nothing stopping you from having the plans updated, then uploaded to the property file.
Take any Reddit advice with a grain of salt (including mine), as most users don’t do this shit for a job.
If they were adding a laundry in the house it probably would need consent. I don’t think removing one would unless there was a structural or envelope alteration.
You could confirm with council or your building inspector
Generally, banks are hesitant to lend on properties with unconsented works. The risk is too great. For eg, if the laundry floods and there is significant remedial work to be completed, can you afford it (without taking a loan)? Insurance, too, is going to be difficult to obtain.
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My advice; put in a S+P with a condition being the vendor gets a CoA for the unconsented works from the Council. If they decline, you’ll know why. Otherwise, run.
Wet room in garages is not unusual. If done well, get a builder to check for you, you just need to get a CCC from the council. If you haven’t gone unconditional yet, ask the vendor if they can get CCC as a condition of the sale.
It’s so much issue that unless the plan is to demolish the house you should just move on.
There are plenty of houses on the market for a buyer.
But once you buy you are stuck with it until you found a bigger idiot to take it off your hands
If it’s a bank not wanting to give you mortgage till all consented work is in then I had the same. A shed… told the sellers I can take it conditionally the consent being done. And they did. Best route.
If interested in the house do some due diligence in order to get a rough idea of the cost to fix it and use it to get the property at a lower price.
A tub and machine in the old laundry being relocated/moved into the attached garage area of the same building does not change the number of fixtures within the building.
It sounds like you have a copy of the original plans, so have a look at them and the exisiting building to compare. Provided the number of fixtures is not increasing, a building consent would not have been required anyway.
This means you don’t need a Building Consent with Code Compliance Certificate, Certificate of Acceptance, Specialist reports, to update the property file etc. You don’t need to notify insurance or do any building work.
This would not be “unconsented work” because it is exempt work. There would be no legal issues.