New Zealand is set to undergo significant changes in its building regulations and the resource consent process for granny flats or small standalone dwellings.
Linda O’Reilly
These changes aim to simplify the process and encourage development, providing more housing options for families and communities.
Current Regulations
Currently, building a granny flat requires both a building consent and a resource consent. The resource consent process assesses environmental impacts, zoning compliance, and neighbour concerns.
Obtaining a building consent involves a detailed application process and compliance with building codes and standards. This can be time-consuming and costly, often deterring homeowners.
Proposed Changes
The proposed changes, expected to be in force by early 2026, will introduce a building consent exemption and simplify the resource consent process for granny flats up to 70 square metres.
A new National Environmental Standard (NES) will permit granny flats (minor residential units) up to 70 square metres in rural and residential zones without the need for resource consent.
The building consent exemption will apply if the dwelling has a straightforward design, meets the Building Code, and is constructed or supervised by licensed building professionals.
Homeowners will need to notify their local council before construction and once the building is completed.
Benefits of the Changes
These changes are anticipated to deliver several benefits:
Increased Housing Supply: The exemption is expected to facilitate construction of approximately 13,000 granny flats over the next decade.
Reduced Costs and Time: Removing the need for building consent will save application fees and reduce delays.
Support for Growing Communities: Councils will still charge development contributions for granny flats through the Project Information Memorandum (PIM) process.
Potential Challenges
While the changes offer benefits, there are potential challenges:
Infrastructure Strain: More granny flats could place pressure on water, sewage systems, and roads.
Quality Control: With the exemption, concerns may arise around quality and safety, making licensed professionals’ involvement essential.
Environmental Impact: Increased construction could
add waste and disrupt ecosystems.
Property Value and Density: Extra dwellings may affect property values and increase density, which not all residents will welcome.
Infrastructure and Resource Management
To support demand, the government has agreed that infrastructure charges will apply to small standalone dwellings. These will help fund essential services such as transport, water, wastewater, stormwater, parks, and community facilities.
Timeline
The planned changes are expected to be implemented by early 2026, following adjustments to the Building Act and Resource Management Act.
Sheds and Garages
In a related move, the Government has announced plans to simplify rules for small structures like sheds and garages.
Single-storey buildings up to 10 square metres will no longer need to meet a minimum distance from property boundaries. For those between 10 and 30 square metres, the setback will be reduced to one metre.
Previously, these structures had to be placed at least their own height from boundaries unless a building consent was obtained.
These updates will be made by amending Schedule 1 of the Building Act and are expected to come into effect later this year. However, all construction must still meet Building Code standards.
- Linda O’Reilly is Special Counsel at Tompkins Wake, Auckland. She can be reached on 09 588 0601, or linda.oreilly@tompkinswake.co.nz
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Granny flat. Photo: pexels.com
