We have seen an increasing number of developments recently where height in relation to boundary infringements have arisen resulting in very costly remedial works and significant time delays. These infringements have arisen for a number of reasons that fall into 3 key areas:

Inadequate Information, the lack of good spatial information such as the correct boundary position, appropriate ground levels and building setout positions leads to problems at compliance sign-off.
Misinterpretation, this relates to District plan rules and definitions, architectural and survey plans.
Post Consent Changes, changes to the design made after the consent has issued are not always scrutinised with an eye for compliance.

A full list of common causes has been tabulated below.

The usual options available (after a problem has been identified) are:

Remove the offending part of the building (redesign and re-consenting may be required).
Obtain consent for the infringement (neighbours approval will be required).

Why take the risk? Our solution to minimise risk is outlined below.

1. Start with a quality topographical survey, call BCL for SURVEY.
2. Have BCL Surveyors carry out a pre-lodgement compliance check, we are increasingly being requested to check and certify compliance of designs prior to the consent being lodged. This not only provides a fresh and independent check of the Council controls and interpretation of ground levels, but can also remove a significant risk from the architect. Calculation of height in relation to boundary compliance not only requires an understanding of 3-dimensional calculations, but also the interpretation of the site topography and the “natural” ground level (not necessarily the actual ground level). Councils require certifications to be done by Licensed Cadastral Surveyors because of our knowledge and sound understanding of spatial information and cadastral boundaries. Getting a surveyor involved earlier in the process makes the final certification so much easier.
3. Setout survey at foundation stage (if required).
4. Compliance check at framing stage.

This process will be cost effective for your client and reduce risk for all parties. Please don’t hesitate to call our team to discuss your specific requirements on (09) 630 9512.

Remember, if it doesn’t comply, we cannot certify.

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