Work affecting other land

The Building Act 2011, sections 76 & 77 deals with work affecting other land, where consent is
required.

There are two circumstances which will require the affected land owners’ consent prior to a building permit being granted by the City. Determination of these circumstances will be based on the documentation that is provided with the application for building approval.

  1.  Encroachment.

This is where an application for a building permit indicates that the proposed building or incidental structure will encroach onto adjoining land. This also applies to an existing encroachment onto adjoining land that is included in an application for a building approval certificate or occupancy permit associated with unauthorised works. In this circumstance, the consent of the adjoining owner/s will be required prior to granting the building approval certificate or occupancy permit.

  1. Adversely affecting an adjoining property.

This includes;

                  (a)     reduce the stability or bearing capacity of the land or a building or structure on
                           the land; or

                  (b)     damage, or reduce the structural adequacy of, a building or structure on the
                           land; or

                  (c)     the changing of the natural site drainage in a way that reduces the effectiveness
                           of the drainage of the land or existing or future buildings or structures on the
                           land;

If it is found that building work will adversely affect during construction, building work must cease and consent from the affected land owners’ be obtained.

There are other circumstances that may require the affected land owners’ consent, however this consent is not required as part of a building approval process.

  • Protection structures
  • Party walls, diving fences and boundary retaining walls.
  • Removal of fences or gates.
  • Access to adjoining land

Please refer to the information sheet, created by the Building Commission, for further details about this section.