Granny Flat Changes in New Zealand Legislation
Granny flats, also known as secondary or ancillary dwellings, family flats, minor dwellings, self-contained small dwellings, and minor residential units, are becoming increasingly popular in New Zealand.
Earlier in 2024, Central Government announced their intentions to streamline the building and resource consent process for ‘granny flats’ which can also be referred to as ‘minor dwellings’. The changes will apply to all granny flats up to 60m² and no more than one-storey in height.
What’s changing?
The government is proposing to make changes to the Building Act to fast-track, or make granny flats exempt from building consents. This will likely include standardised acceptable solutions and will not make your building exempt from the building code. It is likely that some form of notification to your local Council will still be required. The changes to the Building Act will become effective in 2025.
In regard to the Resource Management Act, in a large number of areas, you can already construct a minor unit without resource consent. The proposed changes look to standardise the minor unit rules across the country enabling them without resource consent in residential and rural zones.
Be mindful that the minor units will still be subject to compliance with standards such as building setbacks and building coverage. Other items like natural hazards may also still trigger a resource consent. If you require any assistance, our planning team can assist with your proposal.
Key points of the proposed changes include:
Building Consent Exemptions: Granny flats may be exempt from building consents, provided they adhere to standardised acceptable solutions. However, compliance with the New Zealand Building Code remains mandatory.
Notification Requirements: Even if building consent is not needed, you must still notify your local council.
Resource Management Act (RMA) Adjustments: In many areas, you can already construct a minor unit without resource consent. The new changes aim to make these rules the same across the country. This will let small units be built without resource consent in both residential and rural areas. However, compliance with standards such as building setbacks and coverage will still be necessary.
Benefits of the New Legislation
The proposed changes are designed to address a few key issues:
Lower Costs and Time: Simplifying the consent process will cut costs and time for building granny flats. This makes them a better choice for many homeowners.
Standardisation: The changes will create a uniform set of rules across the country. This will reduce confusion and help homeowners understand what is required.
Compliance and Considerations
While the new legislation will simplify the process, it is important to remember that granny flats will still need to comply with several standards:
Building Setbacks and Coverage: These units must follow local rules about how far they should be from property lines. They also have a limit on how much area they can cover.
Natural Hazards: Areas prone to natural hazards may still require resource consent.
Engineering and Technical Compliance: While a building or resource consent is unlikely to be required, all building work will still need to comply with the building act meaning that engineering input (geotechnical, civil, surveying, etc.) is still likely to be required.
When will this be in force?
Final decisions are expected late 2024, with Central Government aiming for new provisions to be in force by mid-2025.
How We Can Help
If you need assistance navigating these changes or ensuring your p
roposal meets all requirements, our planning team is here to help. We can provide expert advice and support to make your granny flat project a success.
Our goal is to help you unlock the full potential of your property while contributing to the creation of sustainable, thriving urban environments. Feel free to get in touch for any queries.
Note: This article aims to provide general guidance and should not replace professional advice specific to your project or situation. For professional advice, please contact our team today.
