In 2024, New Zealand's government rolled out substantial reforms under the Building Act and the Resource Management Act to simplify and accelerate the construction and consent processes for Granny Flats. These reforms were designed to address the existing housing shortage by enabling the development of minor dwellings with fewer hurdles, all while ensuring safety and compliance standards were maintained. Let’s break down the key changes and what they mean for homeowners:
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Resource consents are an application seeking permission to do something which does not perfectly fit the permitted activity standards for the area in which it is located. This may be a commercial activity in an urban zone, or it may be the subdivision of land to create smaller than anticipated allotments. As part of processing resource consents, council planners are required to consider who might be an affected party. Based on the scale of the effects, and the nature of adjoining land (i.e. residential vs industrial land), then immediately adjoining neighbours are often considered as affected.
Cross lease titles are a common form of property ownership in New Zealand. Introduced as a common form of ownership during the 1980’s, cross lease titles are commonly implemented so multiple people own a share of the underlying land. Each leaseholder has the exclusive right to occupy their individual dwellings, typically a house or unit. Cross lease titles both share in the freehold ownership of the land and a long-term lease for the house, which is typically 999 years. While cross leases provide for a more affordable property option, they also come with some difficult baggage that reduces the individual rights of the dwelling owners. Here are some key considerations and other options to work around them.
Can I subdivide my land? This is a common question asked of planners, closely followed by; how much will it cost? The answers to these questions are often complex and specific to each property. However, there are some fundamental basics which help to work out if it’s feasible to subdivide a property, or not.
Within district plans across New Zealand, every parcel of land has a specific zone which applies, and dictates the uses allowed on a property. The zoning system is designed to separate incompatible land uses and manage activities, ensuring that no one is adversely affected. It plays a crucial role in shaping the physical and functional characteristics of our communities.
In recent years, New Zealand has faced significant challenges in the housing sector, including soaring property prices, a shortage of affordable homes, and increasing demand for rental properties. Amidst these challenges, the concept of Build-to-Rent (BTR) development has emerged as a possible solution. BTR refers to residential developments specifically designed and constructed for long-term rental purposes rather than for sale. This model, which has gained traction in markets like the United States and the United Kingdom, is now making its mark in New Zealand.
Esplanade strips or reserves provide a public benefit, allowing the public to walk along the margin of a river, lake or the coastline as public space. These public areas are created at the time land is subdivided by way of creating an esplanade reserve or strip. Such land is still taken today where councils determine its necessary to provide for either public access or for conservation purposes.
As a Resource Management Planner, it's more common than people realise to encounter properties with unauthorised construction. These can include where buildings have been constructed or modified, vegetation cleared, or a building platform cut into the side of a hill. The introduction of the 30-square-meter structure exemption under the building code has contributed to this issue, with many people unaware of the conditions that accompany this legislation. Additionally, many are unaware the provisions of the Resource Management Act (RMA) still apply.
The 2023 election saw a change in government and a shift in direction from building up and intensifying urban land to building out. This shift is part of a work programme for reforming New Zealand’s resource management system and includes implementing a “Going for Housing Growth” work package to “fix the housing crisis”.
If you are looking to develop an assessment of the standards and provisions of the District Plan needs to be undertaken. Once this assessment has been undertaken you will find the development will be categorised into a certain activity status depending on the nature of the proposed development. These are listed below along with a brief description of what the statuses mean for a proposed development.