By Anna Bensemann | Nov 10, 2020
Planning provisions and local district plans still apply to any new buildings on your property. Currently planning rules are triggered at the time you apply for building consents with a notice issued that you cannot build until you have obtained the necessary resource consents.
Under the new exemptions coming into effect from late August, that trigger will not automatically happen, but the responsibility to obtain any necessary resource consents will still apply.
You may think that because council are not checking if you need a resource consent, then you will get away without the required paperwork under the RMA. However, the legal obligation as the landowner and the potential effect on the resale value of your property of not having the legal requirements in place, may come back to get you when selling. And don’t forget it only takes a phone call to council from an aggrieved neighbour or passer-by and you’re in trouble.
So if you are thinking of building a new pole shed, an additional 30 m² sleepout with a sneaky kitchen included, or a new 40 m² car port, be aware you cannot simply slap it up and “she’ll be right mate”. Along with the planning rules there are requirements for construction supervision by a Licenced Building Practitioner (LBP) to meet the exemptions.
In many cases there are building setbacks from boundaries with other neighbours to ensure you do not create shade or reduce privacy for you neighbours, and often the resource consents process seeks that you get written approval from these neighbours for such breaches.
In many rural areas you are only allowed one residential dwelling per property or within set areas (e.g. every 20 ha). A second dwelling, usually defined as having kitchen facilities, can increase the number of vehicles and people using the rural area that might not be in keeping with amenity values anticipated. While it might not be a problem for you, your neighbourhood may find issue with the way the next owners use that second dwelling.
The size of a septic tank systems is derived from the number of bedrooms a dwelling has, so a new sleepout may increase the pressure on a septic system beyond its designed capacity. This often triggers a resource consent requirement for the discharge of wastewater via the disposal field. This process allows council to understand you have sufficient capacity in the system to accommodate the potential load on your septic system and avoid a bad smell.
If the new Building Act exemptions have you itching to get to the hardware store, take a deep breath and double check with Council or a planning consultant if a resource consent is needed and if you meet the criteria of the Building Act exemptions. It’s usually a 5-minute call. A she’ll be right approach will not do you any favours in the long term.
Articles you might be interested in
- Cross lease titles - an overview
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- Tiny Home Revolution May Not Save Costs
- A Practical Guide for District Plan Reviews
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Proposed Selwyn District Plan - What next?
- But that’s the way we have always done it!
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- RMA changes are coming, are you ready?
- Rivers, Lakes and Coastline, Public Space for All
- Hazardous activities, land contamination and resource consent applications
- Minimum Car Parking Requirements to be Chopped
- Minimum car parking requirements to be chopped
- The impact of consent notices when purchasing land
- Managing Cultural Heritage Sites
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Housing Intensification – Not for Everyone Says CCC
- Flood Management | Changes in Selwyn
- Why we have complicated septic tank disposal rules
- Boundary disputes – What are they and how can you resolve them?
- Is it a Wetland or Not?
- Indigenous Biodiversity: what does it mean for a farmer?
- Fundamental Culture Shift in New Zealand Planning Legislation.
- Planning Permissions – Resource Consent or Plan Change?
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- The Great Forestry Debate
- Change isn't coming, it's here!
- Confused by Environmental Legislation? You are Not Alone.
- District Plan in Selwyn – How will it Affect You?
- Planning Rules can Affect Property Value
- Crunch Time For New Freshwater Legislation
- The importance of knowing your boundaries
- Rural allotment sizes set to double in West Selwyn
- Commercial Activity in a Rural Zone – What’s the Harm?
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- Good District Plan provisions save time and money
- The dream of subdividing your land
- Historic Heritage Challenges for Landowners
- Game changers for housing under the RMA
- Rural Allotment Sizes set to Double
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- Time matters – With Resource Consent
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Wild Weather and Resource Consent Requirements
- Time's up on the RMA
- Who Pays for Infrastructure in Greenfield Land Development?
- Risks to farmland in the planning framework
- Outstanding Natural Features and Landscapes - effect on farming
- Changes to Resource Management Planning Signalled in Proposed Legislation
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- Burning crop stubble on your property?
- State highways, noise and reverse sensitivity: what’s the buzz?
- What to do when you inherit land
- Spotlight on District Plan Provisions
- Who Shapes our Planning Rules?
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Crime Prevention Through Environment Design (CPTED)
- The Role of Planning in the Climate Change - Discussion for Agriculture
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- What does a professional planner do?
- Have your say on Development Projects
- Negotiating with Neighbours Under the RMA
- How might Development Contributions affect you?
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- Proposed Selwyn District Plan Update
- Planning land use to be resilient to natural hazards
- How lizards might affect your new development
- Is the RMA really the problem?
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- Housing Growth continues in Selwyn with Legislative Support
- Selwyn District Council Changes Urban Allotment Sizes
- Our History - How We All Play a Part in its Protection
- Councils are Increasing Residential Density, but why, who does it benefit?
- With increasing density, good design matters