Property File Searches
A property file is Council’s record of the building consents/building permits held in respect of the property specified. The search of the property file includes a search of Council’s computer databases or other physical files.
What information is in a property file?
A property file contains information relevant to a particular property. It may contain:
- Applications for building consents/permits, associated plans and documents and Code Compliance Certificates (if issued).
- Amended plans.
- Pool fencing compliance.
- Licensing of premises details or Warrant of Fitness compliance.
Please Note:
- Some plans for the property may be on microfiche and will be made available to view.
- Council has endeavoured to maintain pre Building Act 1991 records but was not legally obliged to do so until February 1990.
- It is recognised that not all records have survived intact and in other cases where building work is documented, information may be incomplete. Council does not accept any responsibility for any omission.
- A property file is not a comprehensive assessment of a property. It only serves to document what information Council has about the property at the time the property file is prepared. Any plans, aerial photographs or diagrams attached to the property file are for illustrative purposes only and are not confirmation of the legal position of the boundaries or any services on the property. It is essential that if you have any doubts about a site, you employ a relevant independent consultant.
- Due to the 1931 Earthquake and following the merging of four Councils (Hastings City, Hastings Borough, Havelock North Borough and Hawke’s Bay County) some documents were either destroyed or lost, therefore some properties lack full and accurate historical property records.
- Some information covered by the Privacy Act 1993 and/or the Local Government & Meetings Act 1987 could be withheld.
What are the limitations of a property file?
The property file does not always reflect the current status of a property. Examples of information that affect the property, but may not be evident in the property file include:
- Unauthorised works not known to Council and/or breaches of consents or licenses that are not the subject of a formal requisition or notice.
- District Plan information.
- Requisitions.
- Road encroachment.
- Hazards.
- Details on contaminated sites.
IMPORTANT
Council must take reasonable steps to ensure that building work requiring a building consent complies with the Building Code, but are not required to ensure that building work is defect free. Buildings may have been constructed with defects which Council cannot reasonably detect at the time of inspection; defects may also have arisen since Council’s last inspection (e.g.: through lack of prudent maintenance).
Some defects can be very expensive to repair. Sole reliance should not be placed upon Council’s performance of any building control function, including inspections or the issue of a Code Compliance Certificate, as confirming that a building is free of defects. Council recommends that all prospective property purchasers obtain a pre-purchase inspection report, particularly with respect to weathertightness, by an appropriately qualified independent building advisor.
A register of independent building advisors may be found on the New Zealand Institute of Building Surveyors. The Department of Building and Housing website is also a useful source of information on building matters.
Property file searches
Property file searches are performed at the Resource Management Department of the Hastings District Council which is situated on level 2, 207 Lyndon Road East, Hastings. If you are the property owner (or an agent acting on behalf of the property owner), there is no charge for this service (other than the printing of any requested documents).
If you are not the property owner or acting agent, a property file search is at a cost of $15.00 (plus printing).
Council needs an accurate street address and/or a Lot/DP number to perform the search. Sometimes additional information is needed such as original property owner’s names, but this is usually found on a Historical Certificate of Title.
What is the difference between a building permit and a building consent?
Building permits were issued prior to 1993, whereas building consents have been issued from 1993 onwards. Building permits did not require a Code Compliance Certificate be issued, so none will exist for any work completed prior to 1993).
Incomplete property files
A property file identifies information held by Council concerning any building permit or consent for existing buildings or structures. In some instances however, the records may be incomplete, even though there is a building in existence. The absence of records for building permits or consents may mean any of the following:
- The building was erected without a permit or consent.
- Council is unable to identify the permit for the property (prior to the Building Act 1991, Council was not required to keep detailed records for building permits issued. This means that Council is unable to identify permits for some properties).
- The property was in the ownership of the Crown when the building was constructed and did not require a permit (prior to the Building Act 1991 only).
- The property files may have been destroyed or lost due to the 1931 earthquake, 1987 Fire or the merging of four Councils (Hastings City, Hastings Borough, Havelock North Borough and Hawke’s Bay County Council).
Please Note:
A property file search is not a recommended substitute for obtaining a Land Information Memorandum (LIM) when considering purchasing a property.
