Property guidance by Quay Law
Property guidance by Quay Law
Unit title guidance from Quay Law
Ian Mellett, Barrister and Solicitor, Quay Law
Body corporate rules govern how owners and occupiers use their units and the common property. They can affect where you park, whether you can keep a pet, how you renovate and whether you can let your unit. Reading them before you buy is one of the simplest and most important steps in your due diligence.
The Unit Titles Regulations 2011 contain default operational rules that apply to every body corporate unless they are replaced or added to. Each body corporate may adopt its own operational rules by special resolution, provided they are consistent with the Act.
Changes to the rules must be lodged with LINZ. The current rules form part of the disclosure provided to buyers.
Operational rules commonly deal with:
Work inside your unit may still affect the building, the common property or your neighbours. Changes to structure, plumbing, flooring, windows or the exterior commonly require body corporate approval. Hard flooring in apartments is a frequent source of noise complaints, and many rules address it directly.
If you are buying with renovations in mind, check the rules and recent minutes before you commit.
Rules on pets vary widely. Some developments permit pets freely, others require approval, and some restrict particular types of animal. Noise rules and quiet hours are also common. These rules shape everyday life in the building, so it is worth reading them with your own circumstances in mind.
Tenants are generally required to comply with the body corporate rules, and owners remain responsible for ensuring they do. Some developments have rules relevant to short stay accommodation. Investors should check the rules carefully before buying.
The body corporate is responsible for enforcing its rules. Where breaches have been a recurring issue in a building, they are usually recorded in the minutes.
We recommend reading the rules in full, alongside the recent minutes, to see how they are applied in practice. A rule that is rarely enforced may be less significant than one that has generated repeated complaints.
What a body corporate is, what it must do, how committees and managers work, and your rights and obligations as a unit title owner in New Zealand.
What counts as common property in a unit title development, who pays for it, how exclusive use areas work and what buyers should confirm.
What to check when buying an Auckland apartment, from the building and body corporate to car parks, rules, KiwiSaver and letting, explained by Quay Law.
If you are buying and have particular plans for the unit, such as renovating, keeping a pet or letting it, we can check how the rules apply before you commit.
If you are buying or selling a unit title property in Auckland, we recommend speaking with us before you sign an agreement. Contact Ian Mellett at Quay Law, Barrister and Solicitor, by completing our enquiry form below, or call us on 09 523 2408.
The information on this page is provided for general information purposes only and is not legal advice. Every transaction is different, and all matters should be discussed with the team at Quay Law.