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A surprised couple living in a shed converted into a ‘tiny house’ were told to return it to its original condition to comply with council laws. But after seeking the intervention of the Ministry of Business Innovation and Employment they already have their papers.
The couple have now moved into a caravan behind the shed, which has a kitchen and living room.
Photo: Supplied / Marlborough District Council
The couple, who live on the outskirts of Havelock, said someone “cheated” on them for living in the renovated shed, and after that they tried to follow the rules.
However, they were told to remove many of the modifications to achieve compliance, but they brought the matter to the Ministry of Business, Innovation and Employment, and are now certified.
The owner of the shed, who did not want to be named, said that after the Marlborough District Council initially contacted them about the shed, inspectors visited the site in August of last year and noted that it was being used as a “dream.” makeshift, a Building Code Standards violation.
They asked the council how they could obtain the official consents necessary to make their “tent [or] offices “in your shed accordingly.
A Havelock couple have successfully legalized their shed after months of “pain” with the Marlborough District Council.
Photo: Supplied / Marlborough District Council
The following month they promised the council that they would live in it longer. But its construction papers were rejected after the council said it suspected the building would still be used for more than storage, and the shed was low risk to human health and “not suitable for human habitation.”
The council said their “easiest option” was to return the shed – complete with a bedroom, living room and kitchen – to “original condition” by removing the internal linings and insulation they had installed.
The shed owner said he was also told to remove the drywall from inside the walls, which he refused to do because it would cost a lot.
The Marlborough District Council revealed earlier this year that a growing number of tiny homes, or ‘tiny houses’, have been found to be in breach of building rules. Tiny houses include converted containers, special constructions, and converted outbuildings, such as sheds.
While the jury is still out on whether mobile homes are buildings or vehicles, real estate is buildings and requires consent before renovations can be made.
Works completed without consent can be legalized through an acceptance certificate, if they comply with the Building Law.
The smallest room in the shed was being used as a bedroom.
Photo: Supplied / Marlborough District Council
Unhappy with the position of the city council in this case, last October the couple requested the opinion of the Ministry of Business, Innovation and Employment, to settle the matter.
In their evidence to the ministry, the couple admitted that they had lived in the shed while they were building their home, but said they had since moved into a caravan and wanted to save the shed.
They had realized that living in the shed was “not legal,” even though the property had a licensed shower and toilet.
The couple say the two rooms in the shed will now be used for storage.
Photo: Supplied / Marlborough District Council
But the council argued that using the shed as an office, one of the two uses the couple originally requested, changed it from an ‘annex building’ to a ‘commercial building’, which had “very different” compliance rules, and still it was human habitation.
He also said there were other reasons the application was rejected, such as items that did not meet construction standards.
The building owners are happy that it is now certified.
Photo: Supplied / Marlborough District Council
The ministry’s manager of determinations, Katie Gordon, said in her opinion that while the council was “correct to be concerned” about human habitation, its refusal was incorrectly based on how the shed would be used, instead of Yes was compliant.
His refusal also did not make it clear to the couple that the council thought the use of the shed had changed. It also inappropriately described which construction sites they were not complying with.
Gordon said the council and the couple must agree on what the shed will be used for before the application is reevaluated.
A spokesperson for the council has said that the owners received a certificate of acceptance in August this year, after the council completed its evaluations, according to the Ministry’s determination.
The owner said he had framed the ministry’s determination and hung it on a wall.
Local Democracy Reporting is a public interest news service supported by RNZ, the Association of News Publishers, and NZ On Air.
