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Is this common in the industry

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Chickpea

Just wondering if anyone has experienced anything similar to the following…..We have just finished building and now find that our builder, without consulting us, arranged for an “affected person” sign off to overcome a council consent objection to the neighboring section – the objection was raised by the council because the neighbors plans adversely affected our section. Is this common in the industry? To explain a bit more, our building company had 4 or 5 adjacent sections, and we signed up for one of them with a house and build contract. The neighbouring section (same builder) has a retaining wall/fence well over 2 meters high about 30 meters in length very close to our boundary. We have just discovered that the council initially did not consent to the neighbors plans because the retaining wall/fence was too close to our boundary and adversely affected our section. On the day that the council raised the objection to our neighbours plans, we settled on our section and took title. However on that same day our building company filed with the council a waiver (supposedly signed by the then owner of our section) and the council subsequently approved the neighbours plans. Is this scenario common in the industry?
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Bruce

Hi. You may find that ‘legally’ the builder has got himself covered if he was the owner of the sections at the time of the objection. Morally the builder should have shown you what was being built next door, but once again ‘legally’ if you didnt ask… buyer beware. If you bought off the plans &/or the title was transferred into your name before the Building consent was applied for, then you have a case.
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