Buying a property in New Zealand without checking for unconsented building work is like buying a car without checking for a warrant — it might look fine on the surface, but the problems hide underneath. Unconsented additions, alterations, or structures can cost you tens of thousands to fix and may even prevent you from getting insurance or a mortgage.
This guide explains how to use your property title, council records, and the right searches to uncover unconsented building work before you commit to a purchase.
What Is Unconsented Building Work?
Unconsented building work is any construction, alteration, or addition that required a building consent under the Building Act 2004 but was carried out without one. Common examples include:
- Room additions — a sleepout, sunroom, or extra bedroom added without consent
- Structural alterations — removing load-bearing walls, adding decks above 1 metre, or modifying the roof
- Plumbing and drainage changes — new bathrooms, kitchen renos, or drainage modifications
- Re-roofing or re-cladding — if the work goes beyond "like-for-like" replacement
- Retaining walls — any wall over 1.5 metres high requires consent
Under the Building Act, most structural, waterproofing, and plumbing work requires a building consent. Work done without one may be illegal and can affect your property's value, insurance, and compliance status.
Why Unconsented Work Matters for Property Buyers
Unconsented building work creates real risks:
- Insurance refusal — Insurers may decline claims or refuse cover entirely if they discover unconsented work
- Mortgage complications — Banks may refuse lending on properties with unconsented improvements
- Council enforcement — Local authorities can issue notices to fix, stop work, or even remove structures
- Resale difficulty — Future buyers and their lawyers will flag the same issues you're seeing now
- Safety risks — Unconsented work hasn't been inspected, so structural integrity, fire safety, and weathertightness are uncertified
- Notices under sections 71-74 of the Building Act — these indicate known weathertightness or structural issues
- Encumbrances — restrictions that may relate to building conditions
- Consent notices under section 221 of the Resource Management Act — conditions from subdivision consent that affect what can be built
- All building consent applications (approved and declined)
- Approved plans and specifications
- Code of compliance certificates (CCCs)
- Inspection records
- Does every room, deck, and structure appear on the council plans?
- Are there visible signs of recent construction not matching council records?
- Check for mismatched materials, unusual layouts, or rooms that feel "added on"
- Minor cosmetic work (non-structural) — low risk, may be able to get a certificate of acceptance
- Structural or weathertightness work — high risk, requires professional assessment
- Plumbing/drainage work — medium risk, can affect health and safety compliance
- Asking the vendor to obtain retrospective consent (a certificate of acceptance) before settlement
- Negotiating a price reduction to cover remediation costs
- Making the consent a condition of the sale and purchase agreement
- Issue the certificate (work complies with the Building Code)
- Issue it with conditions (work needs modifications)
- Refuse it (work doesn't comply and must be removed or rectified)
- Order a Record of Title — check for notices, encumbrances, and area discrepancies
- Order a Guaranteed Search — for $45.90, this shows current registered interests and pending transactions
- Request the council property file — compare consents against actual structures
- Get a LIM report — the most comprehensive source for consent history
- Compare floor areas — title area vs. actual floor area vs. council records
- Walk the property — look for signs of unconsented additions
- Check the Survey Plan for $49.90 — verify boundaries and improvements
How Your Property Title Reveals Unconsented Work
Your property title — officially called the Record of Title — doesn't directly list building consents. But it contains critical clues:
1. Check for Notices and Encumbrances
The Record of Title may show:
Order a Record of Title with Diagram for $42.90 to see the full picture including any registered instruments.
2. Order the Instruments
If your title references instruments (mortgages, encumbrances, easements, or other documents), order the Instruments (Documents) for $39.90 to read the actual conditions. Some instruments contain building restrictions or requirements that hint at unconsented work.
3. Compare Title Area with What's on the Ground
If the Record of Title shows a floor area significantly smaller than what you see during inspection, the difference may be unconsented additions. This is one of the most reliable red flags.
Beyond the Title: A Complete Unconsented Work Check
Your title is the starting point, but a thorough check involves multiple sources:
Council Property File
Request the council property file for the address. This contains:
Compare what's in the file against what exists on the property. Gaps = potential unconsented work.
LIM Report
The Land Information Memorandum (LIM) report from the local council includes building consent history, code compliance status, and any outstanding notices. It's the single most comprehensive document for identifying consent gaps.
Building Consent Register
Most councils have an online building consent register. Search by address to see all consents applied for and their status (granted, refused, expired).
Physical Inspection
Walk the property with a critical eye:
What to Do If You Find Unconsented Work
Finding unconsented work doesn't necessarily mean you should walk away. Here's how to handle it:
1. Assess the Risk
2. Negotiate with the Vendor
Options include:
3. Apply for a Certificate of Acceptance
If you've already purchased, you can apply to the council for a certificate of acceptance. The council will inspect the work and either:
4. Get a Safe and Sanitary Report
For older unconsented work (pre-1992), a "safe and sanitary" report from a qualified building inspector may be sufficient for some purposes, though this is less formal than a certificate of acceptance.
The Smart Buyer's Checklist
Before making an offer on any New Zealand property:
For the most thorough pre-purchase protection, our Pre-Purchase Package at $189.90 bundles the Record of Title, Guaranteed Search, Instruments, and Survey Plan together — everything you need to spot unconsented work before you buy.
FAQ
Can I buy a property with unconsented building work?
Yes, you can legally buy a property with unconsented work, but it becomes your responsibility after settlement. You'll need to decide whether to regularise the work (through a certificate of acceptance), negotiate the price down, or make the vendor fix it before purchase. Your lawyer should advise on the specific risks.
How far back can I check for unconsented work?
Councils hold building consent records from the 1990s onwards in digital form, with older records available in physical files. The Building Act 2004 applies to work done after 31 March 2005. For older work, a safe and sanitary report may be more appropriate than retrospective consent.
Will unconsented work show on a title search?
Not directly. The Record of Title won't list building consents, but it may show related notices (such as Building Act section 71-74 notices) or encumbrances that hint at consent conditions. The most reliable way to identify unconsented work is to compare the council property file and LIM report against what physically exists on the property.
