What should you do about unconsented work before selling?

Begin with the council record

Order the Tauranga City Council property file and, where it would help, a Land Information Memorandum. A property file may contain plans, consents, inspection notes, certificates and correspondence. A LIM is a report of information the council holds about the property, but it is not a replacement for the full building record.

Walk through the home and compare it with the approved plans. Check converted garages, extra bedrooms, decks, retaining walls, plumbing, fireplaces and removed walls. If the work is unclear, ask a suitably qualified building professional to help.

This check supports the wider preparation in our guide to property documents and disclosure. Buyer questions are easier to answer when records, advice and known gaps are together.

Not every alteration needs consent

Some low-risk work is exempt, but exempt work must still meet the Building Code. The Ministry of Business, Innovation and Employment provides official guidance on work that can be done without building consent, including the conditions and limits attached to each exemption.

The date matters. Tauranga City Council advises owners to establish whether consent was required when the work was done. A newer exemption does not turn older unauthorised work into exempt work after the event.

What a Certificate of Acceptance actually tells you

A Certificate of Acceptance, commonly called a COA, gives limited assurance about completed work that was carried out without the required building consent. It is not the same as a Code Compliance Certificate because council inspectors did not see every stage of construction. Building Performance explains the statutory limits of a COA.

The certificate covers only the parts the council can assess. Closed-in work can make that difficult, so a COA is not guaranteed.

When a Tauranga owner can apply

Tauranga City Council says a COA may be available where work was completed without consent, or where approved work was changed and finished without the required inspections. If the work is still under way, stop and speak with the council before continuing.

A COA cannot be issued for work completed before 1 July 1992. For older work, the council says an owner may provide a third-party report for the property file. That can give a future buyer useful information, but it is not council approval.

Build an evidence pack

The applicant has to show how the completed work complies. Tauranga City Council may ask for drawings, photographs, certificates, producer statements, specialist reports, details of who did the work and evidence about anything that can no longer be inspected.

Choose the remedy before you set a sale date

1. Confirm the records. Establish what was approved, inspected and completed.
2. Confirm which rules applied. Work from the date and nature of the alteration, not how it looks today.
3. Document genuinely exempt work. Useful records can explain the difference between the plans and the house, although filing them does not amount to council approval.
4. Ask whether a COA is possible. Get council and professional guidance before paying for an application or opening up finished work.
5. Complete consented remedial work. This may be necessary where compliance cannot otherwise be shown.
6. Remove or reverse the alteration. In some cases that is clearer and more economical than retaining it.
7. Prepare an accurate disclosure pack. Give your lawyer and agent the facts, records and reports before marketing begins.

Allow time in your Tauranga selling plan. Council enquiries, reports and remedies can affect the launch date.

You can still sell, but buyers need the facts

Unconsented work does not automatically prevent a sale. It can, however, influence a buyer's confidence, conditions, finance and insurance. A buyer may also ask for work to be remedied before settlement, so your lawyer should make sure the agreement records exactly what each party has accepted.

Tell your lawyer and agent early. Avoid describing the property as fully consented, council approved or compliant unless the evidence proves it. Give buyers enough time and information to take their own council, building, legal, lending and insurance advice.

Frequently asked questions