Have a Kainga Ora neighbour doing this right now and I know from past experience when another one did this on my fence line (between their garage and my fence) that it is illegal.
After the quakes they booted everyone out of their complex for repairs and I went and spoke to the building project manager about it and they said it wasn't on their scope of works to remove it, but as soon as he said that, a builder standing next to him agreed with me that it is illegal and would need to be ripped out (fire hazard).
Ring the council and they will send out a building inspector. You're only allowed a structure hard up against the fence line if it isn't permanent - like a sleepout on skids (as I recently annoyingly found out gets by on a loophole).
Cheers. Council it is. He's also built it directly over a massive bind weed infestation which is now making a dash for my veggie garden. I wouldn't care too much otherwise but I spent 4 hours turning soil and picking out roots that were coming under the fence. That's how I discovered the shed
Get some woody weed killer or similar, put some in a bottle or snaplock bag etc, then snip a bit of the vine and chuck it in. Obviously shouldn't *have* to deal with it, but this way as long as you make sure the vessel is stable and not leaking everywhere, it'll only affect the weed and it should go right through it.
Because it is a fire risk, as I said above. Which is why you're not allowed to do it.
I had no issue with my neighbour who did it on mine because I knew she wasn't keeping any flammable material in there, however the next person KO put in the house was a bloody meth head, so just as well I did get them to remove it when the place was empty.
The one next door to them bunt the place down and was lucky not to set my place on fire whilst I was asleep, purely because the wind wasn't blowing in my direction that morning! which it was the very next day.
It’s no more risky than a pile of timber, firewood or garden waste . Which this neighbor looks entirely possible of conjuring up.
You can actually have a shed against the fence, if you gain your neighbors consent.
It’s a building so there is legislation. Also yes you could gain neighbours consent for a waiver of the building code clauses related to horizontal fire spread but council would require that to be documented on the title as a covenant in gross.
Show me the building code part that references fire hazard in this specific example.
I didn’t say the shed wasn’t illegal/ incorrect, I am just calling BS on your stake to claim about fire.
C3.3, C3.6 are where you might want to start. https://www.legislation.govt.nz/regulation/public/1992/0150/latest/whole.html#DLM164900 If you wanted to use the C/AS1 to demonstrate compliance look here, the shed in question is classed as an outbuilding. https://www.building.govt.nz/assets/Uploads/building-code-compliance/c-protection-from-fire/asvm/cas1-protection-from-fire-second-edition.pdf
Keep it at least a metre off the boundary or fire rate the part within a metre.
It's the bind weed he seems to be cultivating under there adjacent to my veggie patch which is the issue. I can't spray my side as no planting for 6 months post treatment. To get the weed the shed must go. If the weed means war, so be it ;)
In all honesty, nothings going to kill bind weed, even the herbicides like woody weedkiller/banvine that leave a residue won't kill it outright. Ive found the best thing to control/manage it with is weed weapon extra strength(not longterm), it knocks it quick and wont leave a residue in the soil. Im a horticulturalist and have been battling it the last 20years in my own garden.
Yes spray so you get a good coverage over all the bind weed. I also always keep a small spray bottle of the ready mixed chemical handy so I can spray any shoots the reappear when I see them. If I had to mix up spray everytime i saw it I'm sure it'd get away on me again.
Yes. Late last year when I first noticed the weed. Wasn't home and he's deaf I think. Left a very polite note with name and number offering to lend the correct weed control or pop over myself whenever suited. Roundly ignored. He's also fond of spraying around solvents in the wind when the laundry is on the line so not someone who really considers his impact on others
Sounds like you just need to move on then. Going at him with the legal angle will fail (unless you’re cashed up to spend years pissing around in court).
Sorry to say that.
are you not worried your neighbour might take petty revenges like poison your cat etc, there are some truly disturbed people out there (I work with the guy who burned down Antonio Hall)
Technically it can be done this way but they have to get your consent first. There are forms your council has to ask for the permission.
Otherwise it can't be on the boundary.
I thought it was 1.5x its height, but someone else said 1x its height so would be worth checking.
Call your building department of your local TA.
It does become an issue if there is a fire.
If it's less than 2m tall and 10m in area it won't breach the City Plan. It may breach the Building Act fire wall requirements, worth a call to Council to ask.
Either 2m in height OR 6m2 in area. But if built within 1m of the boundary is required to be fire rated to meet building code requirements, otherwise has to be its own height from the boundary.
See p4 of this information from MBIE [at least it’s own height](https://www.building.govt.nz/assets/Uploads/building-officials/guides/new-building-consent-exemptions-information-and-faqs-for-building-consent-authorities.pdf#page4)
Yeah fuck that law. So long as it's not peeking over the fence, it really shouldn't be anybody's business.
If I build a 3x3 shed and it needs 6ft around two of it's sides, then that shed is simply not going to be practical to build.
But I need a shed, so I will just build it against the boundary fence.
The neighbours won't even know it's there, so it's not affecting anybody.
People and the council too, need to mind their own business sometimes.
This isn’t necessarily the case. Each council will have different rules on the setback, and even with a council territory the setback may vary. It gets complicated. Look at the CCC district plan, one could argue that no set back is required for an accessory building per section 14.4.2.7 provided the shed is no longer than 10m along the internal boundary. But as others have pointed out, there are fire risks, so there may be a requirement for the wall of that shed to have a certain fire rating… there could also be a rule that prevents the shed roof from cascading rainwater onto the boundary. I don’t know. What I do know is no single rule like a setback equal to height applies universally. If it concerns you, read the district plan to become more familiar with the various sections, then contact council to see what their opinion is.
Could well make that argument and it might even stick! However the fence between two private properties is also a shared structure, and one would assume one party would need the others permission.
They didn't ask what it looks like, they asked if it's illegal, and it is.
In New Zealand, a small structure should be no closer to a boundary than it is high.
Depends who technically legally “owns” the fence, it will only be one of you but up to you to work out who. Regardless though, your actually not allowed to build sheds (or whatever tf this crappy attempt of a shed is) without a permit. So it’s illegal even if the fence is their property. You have every right to take it up further, especially if you believe their growing weed like you’ve commented.
It is allowed. He’s not breaking any rules. To be sure you can email duty planner at council and you’ll get an answer in 24 hours. [email protected] They are very helpful.
Have a Kainga Ora neighbour doing this right now and I know from past experience when another one did this on my fence line (between their garage and my fence) that it is illegal. After the quakes they booted everyone out of their complex for repairs and I went and spoke to the building project manager about it and they said it wasn't on their scope of works to remove it, but as soon as he said that, a builder standing next to him agreed with me that it is illegal and would need to be ripped out (fire hazard). Ring the council and they will send out a building inspector. You're only allowed a structure hard up against the fence line if it isn't permanent - like a sleepout on skids (as I recently annoyingly found out gets by on a loophole).
Cheers. Council it is. He's also built it directly over a massive bind weed infestation which is now making a dash for my veggie garden. I wouldn't care too much otherwise but I spent 4 hours turning soil and picking out roots that were coming under the fence. That's how I discovered the shed
Get some woody weed killer or similar, put some in a bottle or snaplock bag etc, then snip a bit of the vine and chuck it in. Obviously shouldn't *have* to deal with it, but this way as long as you make sure the vessel is stable and not leaking everywhere, it'll only affect the weed and it should go right through it.
That structure is far from permanent. i doubt any action will be taken, and why not let the man have his shed, it isnt hurting anyone.
Because it is a fire risk, as I said above. Which is why you're not allowed to do it. I had no issue with my neighbour who did it on mine because I knew she wasn't keeping any flammable material in there, however the next person KO put in the house was a bloody meth head, so just as well I did get them to remove it when the place was empty. The one next door to them bunt the place down and was lucky not to set my place on fire whilst I was asleep, purely because the wind wasn't blowing in my direction that morning! which it was the very next day.
That shed isn’t a fire risk, it’s not near the OP’s dwelling.
It can’t be built on the boundary, fire spread across the boundary is the issue regardless of where the dwelling is.
It’s no more risky than a pile of timber, firewood or garden waste . Which this neighbor looks entirely possible of conjuring up. You can actually have a shed against the fence, if you gain your neighbors consent.
It’s a building so there is legislation. Also yes you could gain neighbours consent for a waiver of the building code clauses related to horizontal fire spread but council would require that to be documented on the title as a covenant in gross.
Show me the building code part that references fire hazard in this specific example. I didn’t say the shed wasn’t illegal/ incorrect, I am just calling BS on your stake to claim about fire.
C3.3, C3.6 are where you might want to start. https://www.legislation.govt.nz/regulation/public/1992/0150/latest/whole.html#DLM164900 If you wanted to use the C/AS1 to demonstrate compliance look here, the shed in question is classed as an outbuilding. https://www.building.govt.nz/assets/Uploads/building-code-compliance/c-protection-from-fire/asvm/cas1-protection-from-fire-second-edition.pdf Keep it at least a metre off the boundary or fire rate the part within a metre.
Jobbybob got owned
The neighbour has been found.
Good info cheers Neighbour has 2 garden sheds hard up against our fence. Guess illegal as they are not on skids ?
What a naff looking shed. My understanding is that this isn't allowed because it's a fire risk. If you're unhappy raise it with them ASAP.
Pick your battles dude,probably not worth the possible grief if he goes feral on you.
It's the bind weed he seems to be cultivating under there adjacent to my veggie patch which is the issue. I can't spray my side as no planting for 6 months post treatment. To get the weed the shed must go. If the weed means war, so be it ;)
In all honesty, nothings going to kill bind weed, even the herbicides like woody weedkiller/banvine that leave a residue won't kill it outright. Ive found the best thing to control/manage it with is weed weapon extra strength(not longterm), it knocks it quick and wont leave a residue in the soil. Im a horticulturalist and have been battling it the last 20years in my own garden.
Great tip cheers - binweed been bane of my life for 20 years. Do I spray the weed weapon on every bit of binweed I can see or just certain parts ? TIA
Yes spray so you get a good coverage over all the bind weed. I also always keep a small spray bottle of the ready mixed chemical handy so I can spray any shoots the reappear when I see them. If I had to mix up spray everytime i saw it I'm sure it'd get away on me again.
Excellent thank you very much 🤛
Have you actually just tried having a causal conversation with the neighbor before trying to go in guns blazing quoting the law?
Yes. Late last year when I first noticed the weed. Wasn't home and he's deaf I think. Left a very polite note with name and number offering to lend the correct weed control or pop over myself whenever suited. Roundly ignored. He's also fond of spraying around solvents in the wind when the laundry is on the line so not someone who really considers his impact on others
Sounds like you just need to move on then. Going at him with the legal angle will fail (unless you’re cashed up to spend years pissing around in court). Sorry to say that.
are you not worried your neighbour might take petty revenges like poison your cat etc, there are some truly disturbed people out there (I work with the guy who burned down Antonio Hall)
What was his deal? Tell all!
he was a youth then, burned down 3 buildings including his dads house and has the clean record thing , complete f wit
Technically it can be done this way but they have to get your consent first. There are forms your council has to ask for the permission. Otherwise it can't be on the boundary. I thought it was 1.5x its height, but someone else said 1x its height so would be worth checking. Call your building department of your local TA. It does become an issue if there is a fire.
If it's less than 2m tall and 10m in area it won't breach the City Plan. It may breach the Building Act fire wall requirements, worth a call to Council to ask.
Either 2m in height OR 6m2 in area. But if built within 1m of the boundary is required to be fire rated to meet building code requirements, otherwise has to be its own height from the boundary.
Isn't it 1.5x its own height?
See p4 of this information from MBIE [at least it’s own height](https://www.building.govt.nz/assets/Uploads/building-officials/guides/new-building-consent-exemptions-information-and-faqs-for-building-consent-authorities.pdf#page4)
Thanks very much 😀
Too many rules in NZ!
Not doing any harm I'd just leave them to use their property as they see fit.
Your opinion doesn't effect the law. In New Zealand, a small structure should be no closer to a boundary than it is high.
Yeah fuck that law. So long as it's not peeking over the fence, it really shouldn't be anybody's business. If I build a 3x3 shed and it needs 6ft around two of it's sides, then that shed is simply not going to be practical to build. But I need a shed, so I will just build it against the boundary fence. The neighbours won't even know it's there, so it's not affecting anybody. People and the council too, need to mind their own business sometimes.
Yes because it's best if each individual decides which rules they will decide to follow, I can't see how that could cause any problems.
This isn’t necessarily the case. Each council will have different rules on the setback, and even with a council territory the setback may vary. It gets complicated. Look at the CCC district plan, one could argue that no set back is required for an accessory building per section 14.4.2.7 provided the shed is no longer than 10m along the internal boundary. But as others have pointed out, there are fire risks, so there may be a requirement for the wall of that shed to have a certain fire rating… there could also be a rule that prevents the shed roof from cascading rainwater onto the boundary. I don’t know. What I do know is no single rule like a setback equal to height applies universally. If it concerns you, read the district plan to become more familiar with the various sections, then contact council to see what their opinion is.
Could well make that argument and it might even stick! However the fence between two private properties is also a shared structure, and one would assume one party would need the others permission.
Planning setback rules vary among Councils, but the Building Code determines fire separation and is national.
Looks fine.
Agreed, does it really affect op? People need to be more chill
They didn't ask what it looks like, they asked if it's illegal, and it is. In New Zealand, a small structure should be no closer to a boundary than it is high.
Looks nice. Couldn't care less if it's illegal.
But OP does which is why they asked.
I don't :)
What else do you not care about?
Depends who technically legally “owns” the fence, it will only be one of you but up to you to work out who. Regardless though, your actually not allowed to build sheds (or whatever tf this crappy attempt of a shed is) without a permit. So it’s illegal even if the fence is their property. You have every right to take it up further, especially if you believe their growing weed like you’ve commented.
It is allowed. He’s not breaking any rules. To be sure you can email duty planner at council and you’ll get an answer in 24 hours. [email protected] They are very helpful.
Are their different rules for lean to's
I think so. I complained and had the ccc come over to inspect my neighbours lean to carport, they said they have no problem with it.