Media Release
16 July 2009

Prosecution for building illegal sleep outs

Fines of more than $33,000 for building illegal sleep-outs at three Mangere properties are a serious reminder for owners and builders to get council consents, says Manukau City Council.

In June at the Manukau District Court, Gawalior Limited, Tony van Leeuwen, Telesia Behgal, Nick Franklin Construction Ltd, and Nicolas Franklin were convicted for their roles in illegal building works on Mangere properties.

At three properties owned by Gawalior Limited, building works were carried out with the intention of converting existing garages into sleep-outs. The defendants did not obtain building consents, an offence under the Building Act 2004.

The fines were: Gawalior Limited ($18,500 plus costs), Mr Leeuwen ($6000 plus costs), Ms Behgal ($4000 plus costs), Nick Franklin Construction Limited ($3150 plus costs) and Mr Franklin ($1350 plus costs).

Manukau City Council Group Manager of Environment Operations Carole Todd says the council is pleased Judge Wiltens considered the intent behind the illegal building works, which was to quickly improve the value of the properties to sell on.

“In particular, one of the properties was sold to unsuspecting buyers who were incorrectly advised that the sleep-out on the property was permitted.

“It was not. The sleep-out was a garage that had been converted through the illegal construction of internal walls and doors, installation of a toilet, shower and associated plumbing.

“This is one reason for stamping out illegal building works, to protect unsuspecting buyers from these kinds of risky situations.

“Manukau ratepayers also lose out. Sleep-out conversions are typically not reported to the council, in an underhand effort by some property owners to avoid paying extra rates.

“Someone has to foot the bill for the increased demand on services such as water, wastewater and rubbish collection. This cost falls on the ratepayer.

“It’s also not as if those involved didn’t know the rules. All had knowledge of the Building Act, and Judge Wiltens acknowledged that Mr van Leeuwen had "extensive experience" in this field.

“This prosecution should act as a warning to homeowners, developers, and builders. Get the proper consents before you start any building project,” says Ms Todd.

The council urges anyone thinking of buying a property in Manukau to obtain a LIM (Land Information Memorandum) and to check with council to confirm if unauthorised additions or alterations have been made to the property. This simple action could avoid liability and insurance problems in the future.

Anyone considering building and have queries should contact the council’s customer centre on 262 5296.

ENDS

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