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
- District Plan in Selwyn – How will it Affect You?
- Why we have complicated septic tank disposal rules
- Land Development opportunities and times of change
- Confused by Environmental Legislation? You are Not Alone.
- Cross Lease Titles
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- Planning land use to be resilient to natural hazards
- Housing Intensification – Not for Everyone Says CCC
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Indigenous Biodiversity: what does it mean for a farmer?
- The dream of subdividing your land
- Going for housing growth, to improve housing affordability
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Planning Permissions – Resource Consent or Plan Change?
- State highways, noise and reverse sensitivity: what’s the buzz?
- Who Pays for Infrastructure in Greenfield Land Development?
- Managing Cultural Heritage Sites
- The costs of subdividing hitting Selwyn | development contributions
- What does a professional planner do?
- Hazardous activities, land contamination and resource consent applications
- The Role of Planning in Land and Property Development
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- But that’s the way we have always done it!
- Commercial Activity in a Rural Zone – What’s the Harm?
- Proposed Selwyn District Plan Update
- Selwyn District Council Changes Urban Allotment Sizes
- Have your say on Development Projects
- Changes to Resource Management Planning Signalled in Proposed Legislation
- What does your zone mean for you and your property?
- What does an activity status mean for your land development?
- Fundamental Culture Shift in New Zealand Planning Legislation.
- The importance of knowing your boundaries
- Time's up on the RMA
- Boundary disputes – What are they and how can you resolve them?
- Rural Allotment Sizes set to Double
- Is the RMA really the problem?
- Subdividing – The Basics
- Councils are Increasing Residential Density, but why, who does it benefit?
- Crime Prevention Through Environment Design (CPTED)
- The Great Forestry Debate
- Rivers, Lakes and Coastline, Public Space for All
- Crunch Time For New Freshwater Legislation
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Importance of Sediment Management in Land Development Projects: Simple Techniques for Effective Sediment Runoff Control
- How might Development Contributions affect you?
- Wild Weather and Resource Consent Requirements
- Managing Wastewater in Rural Canterbury: A Guide for Property Owners
- Good District Plan provisions save time and money
- The Taking of Esplanades at the Time of Subdivision
- Risks to farmland in the planning framework
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- Minimum Car Parking Requirements to be Chopped
- Game changers for housing under the RMA
- Cross lease titles - an overview
- How lizards might affect your new development
- Ensuring Compliance with Resource Management Laws
- Minimum car parking requirements to be chopped
- Time matters – With Resource Consent
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- Flood Management – An Update
- Proposed Selwyn District Plan - What next?
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- With increasing density, good design matters
- Flood Management | Changes in Selwyn
- Burning crop stubble on your property?
- Build-to-Rent Development in New Zealand: A Rising Trend in Housing
- Outstanding Natural Features and Landscapes - effect on farming
- Historic Heritage Challenges for Landowners
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- What to do when you inherit land
- Housing Growth continues in Selwyn with Legislative Support
- Change isn't coming, it's here!
- Rural allotment sizes set to double in West Selwyn
- Our History - How We All Play a Part in its Protection
- A Practical Guide for District Plan Reviews
- Buildings under exemptions may still need resource consent
- Spotlight on District Plan Provisions
- Is it a Wetland or Not?
- The impact of consent notices when purchasing land
- Planning Rules can Affect Property Value
- Who Shapes our Planning Rules?
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Negotiating with Neighbours Under the RMA
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- RMA changes are coming, are you ready?
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs