Have your say on the “Granny Flats” package

  • Property
  • Resource Management

The Government is proposing to make it easier to build small, self-contained and detached houses – commonly known as “granny flats” – by removing the need to obtain building consent and certain resource consents. The changes are intended to improve housing affordability and alleviate the housing shortage by reducing costs and timeframes involved. For the purposes of this article, we refer to these types of units as Minor Residential units (MRUs).

What is being proposed

In essence, the Government’s main proposals are:

Changes to the Building Act – a new Schedule that exempts single-storey standalone MRUs of up to 60m² from needing building consent

Changes to the Resource Management Act consenting process – a new National Environmental Standard (NES) which enables a detached MRU to be built in rural or residential zones without needing resource consent, provided it complies with certain minimum site standards.

These changes would only apply to new MRUs built on properties that are in a rural or residential zone, and already have a primary house. Because the MRU and primary house must be held in the same ownership, they won’t serve as a quick fix for first home buyers. Rather, MRUs would readily act as rental or intergenerational family living options.

The Government is seeking feedback on these two proposals including on what the new NES minimum site standards would be. This includes the maximum site coverage the primary house and MRU can have across the property, minimum permeable areas (eg. lawns and gardens) and how far the MRU should be set back from boundaries. You can also provide feedback on whether the NES option above should apply to zones other than just rural and residential.

The Government has also scoped a number of other potential options, including creating a new self-certification system for builders of MRUs. You can read about the other options and their expected pros and cons in MBIE’s discussion document here.

The Government expects to make final policy decisions about its MRU proposals later this year and legislative changes by mid-2025.

What is not proposed to change

The Government is not currently proposing to make any changes to:

Subdivision rules

Rules for converting an existing detached building into a MRU – the current proposals would only apply to new builds

Rules applying to certain types of use – you would still need to comply with local permitted activity rules (or get a resource consent) to use the MRU for AirBnB purposes or for a home business (etc)

Healthy Homes Standards that apply to rentals

Restrictions that are in place for flood risks or other hazards, or to protect things like heritage and cultural values or outstanding natural landscapes (etc)

On-site wastewater requirements – particularly in rural areas where there is no council system to connect to. You would still need to comply with local rules or obtain consents for the on-site system

Rules for constructing additional bedrooms or MRUs attached to the existing home – the current proposals would only apply to detached MRUs

Making a submission

Public submissions are now open and close at 5pm on Monday 12 August 2024.

You can provide feedback online via the MBIE website form here or by emailing your feedback to grannyflats@mbie.govt.nz

If you’d like some help with preparing your submission or want to find out what consenting pathway(s) apply to putting a MRU on your property now, talk to one of our Resource Management specialists below

Johanna King

johanna.king@tp.co.nz
021 917 140

Sam Chidgey

sam.chidgey@tp.co.nz
021 221 1388

Harry Staples

harry.staples@tp.co.nz
027 878 2370

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