Council ‘not to blame’ for botched job

Despite making regular inspections as a house was inadvertently built partly on a neighbour’s property, the local council says it is not responsible.

The construction error has devastated Gail McDonald, who should be preparing to move in to a new house at Lincoln, near Christchurch.

But she cannot build on her section after the neighbour’s house was mistakenly built over the boundary, meaning the homes would be too close together.

McDonald, a nurse who is nearing retirement, has been left in limbo without a house and paying rent while lawyers debate liability and compensation.

‘‘I cannot see why the owner with the encroaching build was allowed to continue, yet the council won’t approve my build,’’ she said.

Lawyers for McDonald, her construction company Golden Homes, and the builder who made the mistake next door are now stuck in negotiations.

A Selwyn District Council spokesman said when it learned of the wrongly-placed house in February, construction was ‘‘too well advanced’’ to stop. ‘‘Councils will check for siting compliance on the approved plans, then rely on the builder to verify they have set out the building in accordance with the approved plans.’’

He said the council was withholding a code compliance certificate from the new house until the boundary issue was resolved. A house can be occupied without a certificate, but would be harder to insure or sell.

Selwyn council’s website says every new consented structure ‘‘needs to have the location confirmed’’, with a certificate of location required unless the correct location can be proven otherwise.

The spokesman said council was ‘‘happy to work with the parties involved’’ in McDonald’s case, but was not involved in the discussions.

‘‘We have spoken with the building contractor and offered advice as to steps that the parties might take to resolve the situation in the first instance, for example through a boundary adjustment.

‘‘At this stage the council does not consider it has any liability, as the plans as submitted and processed by the council were fully compliant.’’

Golden Homes first discovered the error when it was about to begin McDonald’s house, and has proposed shifting the boundary if the neighbour agrees.

Property law says anyone affected by a wrongly placed building, including an owner or local council, can sue for compensation, land transfer, or other damages.

John Hamilton, president of Master Builders in Canterbury, said wrongly siting a house was rare, but had happened before.