False door fails to hide illegal flat
August 26, 2005
An old garage door failed to hide the presence of an illegal flat and has led to a conviction, a $2,000 fine, court
costs, and a bill for thousands of dollars' worth of remedial work for the owner.
Myung Hyo Lee, of Glenfield pleaded guilty to two charges in the North Shore District Court under the Building Act 2004.
The charges related to illegal excavation under the house and the creation of an illegal home unit in the basement.
The North Shore City Council had issued a building consent for the owner to construct a garage and workshop under her
property but the owner went on to convert the basement into an illegal flat.
The illegal flat, which was occupied by a young couple, was partly below ground level and had no fire rating between it
and the main house.
An aluminium ranchslider replaced the garage door at the front of the flat while the old garage door was placed in front
of the aluminium door in an attempt to hide the presence of the flat.
"It's a real concern to council that we've come across many illegal units recently," says North Shore City's compliance
and monitoring team leader, David Frith.
"Many of these units are not built professionally, weathertight, insulated or firerated. Some have been found to be
structurally unsound, others overcrowded.
"In this case, the owner clearly knew of the requirement to obtain a building consent, having already gone through that
process a few weeks before when applying for consent for a garage and workshop," Mr Frith says.
"People are placing profit before the safety and wellbeing of their tenants. This owner could have been facing more
serious charges if she had not taken prompt action to carry out remedial work and have the illegal unit removed at her
own cost," he says.
The council currently has another case before the courts for a similar offence and further prosecutions are expected.
ENDS