Part 10: Structures in Public Places – Verandahs

This part of the bylaw requires building owners to repair and maintain their verandahs to a reasonable standard.

Contents

1. Definitions
2. Verandahs

The Wellington City District Plan requires buildings to have verandahs mainly along designated routes within the Central Business District and City Centres.

This part of the Bylaw requires building owners to repair and maintain their verandahs to a reasonable standard.

The purpose of this part of the Bylaw is to help maintain an important city amenity. Well maintained verandahs will improve public safety, contribute to the city’s resilience, protect people from the weather, and make the city an attractive place to visit and shop.

This part of the Bylaw is made pursuant to the Local Government Act 2002 Section 146 (a) and (b) and Section 146 (b)(vi).

1. Definitions

Good repair includes the absence of: visible rust; holed, rotted or otherwise damaged materials or elements; loose, visible or exposed electrical wires; and/or projections or other features that pose a danger to persons using a public place.

Verandah a roofed space extending from a building and includes any structure, assembly, machinery or equipment erected on, or attached to the side or underside of, a verandah.

2. Verandahs

2.1 Written approval required

2.1.1 No person may:

    (a) construct a new verandah over a public place; or

    (b) demolish an existing verandah over a public place; or

    (c) enlarge, extend, or add to an existing verandah over a public place;

    without prior written approval of the Council.

2.2 Maintenance and repair of verandahs

2.2.1 Any verandah constructed over a public place shall be maintained in a waterproof condition and in a state of good repair.

2.2.2 If the Council considers that a verandah constructed over a public place is not in a waterproof condition or a state of good repair, the Council may serve a written notice on the owner of the building to which the verandah is attached, requiring the owner to clean, repair, or alter the verandah so that it complies with this Bylaw.

2.2.3 If the Council considers that the alteration of a verandah constructed over a public place is required for roading purposes, asset protection and/or public safety, the Council may serve a written notice on the owner of the building to which the verandah is attached, requiring the owner to alter the verandah, as stated in the notice. The Council must consult with the building owner before notice is served.   

2.2.4 Any action required by a notice served on an owner under clause 2.2.2 or clause 2.2.3 must be carried out by the date stated in the notice.

2.2.5 If an owner fails to carry out any action required by a notice served under clause 2.2.2 or clause 2.2.3 by the date stated in the notice, the Council may authorise the cleaning, alteration or removal of the verandah in accordance with Part 1, clauses 1.10.1 to 1.10.3 of this Bylaw.

2.2.6 No person shall stand on or otherwise occupy any verandah constructed over a public place, except for the purpose of inspection, cleaning, maintenance, repair, alteration, emergency egress, or carrying out work in accordance with this Bylaw.

2.3 Clarifying Provisions

2.3.1 For the avoidance of doubt, clauses 2.2.1 to 2.2.6:

    (a) are additional to the provisions of any encroachment licence or encroachment lease granted by the Council under this Bylaw or the Local Government Act 1974;

    (b) are additional to any other provisions of this Bylaw, any enactment, or any Council policy relating to or affecting a verandah over a public place;

    (c) do not relieve any person of any duty or responsibility arising under any other provisions of this Bylaw, any enactment, or any Council policy relating to or affecting a verandah over a public place; and

    (d) do not limit the Council's decision-making or enforcement powers under any other provisions of this Bylaw, any enactment, or any Council policy.