By Anna Bensemann, Senior Planner, Baseline Group | Feb 23, 2023
There is a myth that the government relaxing the rules around structures no bigger than 30 square metres means you can have a tiny home on your property. As with any change in rules it comes with conditions and limitations and in this case, does not extend to the obligations under the Resource Management Act, or development contribution payments under the Local Government Act. Furthermore, the change in rules under the Building Act does not extend to structures containing kitchens.
For anyone thinking about building or locating a tiny home on their property it’s important to understand your obligations under the District Plan. A tiny home is considered to be a dwelling under most district plans and all of the rules relating to a larger home also apply to a tiny home. There are some exceptions to enable minor dwellings or granny flats to share a property with a primary home, however for the most part they are treated as if they were a full dwelling. This means provisions such as minimum area per dwelling, setbacks from boundaries, height to boundary relationships, and maximum amount of site covered, will continue to apply to the tiny home. These rules apply often regardless of the small scale of the building, with resource consents required for any non-compliances.
Development contributions are levied under the Local Government Act whenever a property is subdivided, or an additional dwelling built, if not located on a separate title. These are levied per household unit equivalent and contribute towards the district wide roading, community services, and infrastructure (water supply, stormwater and sewer connections). While some councils may allow up to 50% discount on development contributions for tiny homes to acknowledge they are small and will place less pressure on some regional services, a contribution is still required. This varies between councils, with prices known to reach $45k per new household in some districts.
Often when purchasing a tiny home built off site, the building companies will give the option to have one with, or without, a building consent. Each tiny home placed on a property with permanent foundations and plumbed into council services will require a building consent from the district in which the building was constructed, and a building consent for the connections to the local council infrastructure in the district it’s located. Additionally, the Government’s 30 square metre exception to the Building Act comes with a whole list of exceptions and exclusions meaning permanent structures containing kitchens require a building consent.
Unfortunately for many people who think they will be saving costs, the fact you are building a separate house means tiny homes are still subject to the same level of compliance with district plans, the same obligations for development contributions, and the same obligations for a building consent as a standard dwelling. Due diligence before joining the tiny home revolution is highly recommended.
Articles you might be interested in
- Crime Prevention Through Environment Design (CPTED)
- How lizards might affect your new development
- The dream of subdividing your land
- Planning Rules can Affect Property Value
- Minimum Car Parking Requirements to be Chopped
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- Outstanding Natural Features and Landscapes - effect on farming
- Councils are Increasing Residential Density, but why, who does it benefit?
- Buildings under exemptions may still need resource consent
- Commercial Activity in a Rural Zone – What’s the Harm?
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Change isn't coming, it's here!
- Housing Growth continues in Selwyn with Legislative Support
- The Great Forestry Debate
- Proposed Selwyn District Plan Update
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Planning land use to be resilient to natural hazards
- Hazardous activities, land contamination and resource consent applications
- Our History - How We All Play a Part in its Protection
- Game changers for housing under the RMA
- Historic Heritage Challenges for Landowners
- Crunch Time For New Freshwater Legislation
- Is the RMA really the problem?
- Proposed Selwyn District Plan - What next?
- Have your say on Development Projects
- Cross lease titles - an overview
- What does a professional planner do?
- How might Development Contributions affect you?
- Who Pays for Infrastructure in Greenfield Land Development?
- State highways, noise and reverse sensitivity: what’s the buzz?
- Changes to Flood Management in Selwyn
- But that’s the way we have always done it!
- With increasing density, good design matters
- Why we have complicated septic tank disposal rules
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- Who Shapes our Planning Rules?
- RMA changes are coming, are you ready?
- The impact of consent notices when purchasing land
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Managing Cultural Heritage Sites
- Minimum car parking requirements to be chopped
- Is it a Wetland or Not?
- Changes to Resource Management Planning Signalled in Proposed Legislation
- The importance of knowing your boundaries
- District Plan in Selwyn – How will it Affect You?
- What to do when you inherit land
- Time's up on the RMA
- Boundary disputes – What are they and how can you resolve them?
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Negotiating with Neighbours Under the RMA
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Rural Allotment Sizes set to Double
- Spotlight on District Plan Provisions
- Burning crop stubble on your property?
- Fundamental Culture Shift in New Zealand Planning Legislation.
- Planning Permissions – Resource Consent or Plan Change?
- Indigenous Biodiversity: what does it mean for a farmer?
- Rural allotment sizes set to double in West Selwyn
- Housing Intensification – Not for Everyone Says CCC
- Good District Plan provisions save time and money
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Risks to farmland in the planning framework
- Selwyn District Council Changes Urban Allotment Sizes
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Wild Weather and Resource Consent Requirements
- A Practical Guide for District Plan Reviews