Aucklanders won’t need resource consent to build in the backyard

Is there gold in your backyard? How about the front yard? The Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 became law on December 21 (effective August 2022), which, for many in the Auckland region, will create an opportunity to build three residential units on residential properties up to three storeys high. 

The new Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 requires councils of rapidly growing cities—Auckland, Hamilton, Tauranga, Wellington, and Christchurch—to apply new medium-density residential standards to enable more housing types.

This means that homeowners with sufficient space on their property can build dwellings for their children or for property investment. You can also build any type of house, from granny flats and tiny homes to a three-storey townhouse. In addition, you can add additional storeys to your existing home without resource consent.

The scrapping of the Resource Management Act was long seen as a high cost, hindrance, and obstacle to building new homes because it made land more expensive and challenging to develop. For example, in 2018-19, the median fee charged by councils to process a non-notified consent was $2,142, while the median processing fee for consent that required a hearing was $18,414. Time for processing could take anything from a month to more than three or four months.

The new rules, which have both the agreement of Labour and National, allow you to build medium-density housing up to three homes of three storeys on most residential sites without resource consent from August 2022.

What's more, there is very little councils can do to halt or hinder building. In fact, the new rules require the council to enable building across most sites throughout urban residential zones. There are some qualifying criteria councils must resort to if they object to a building where there may be cultural or historical significance. Council's ability to call for consent to require written permission from the neighbours or for consent to be notified–which opens you up to objections from people in the area or other interested parties—no longer applies. It's history.

The rules changes do not apply to building consent, which will still be needed—but building consents are easier than resource consents to obtain because while the latter is open to interpretation, a building consent is based on a technical building plan (site plans, floor plans, elevation, and landscaping). It is specific and measurable.

Maddren Homes offers considerable expertise and decades of experience building homes in Auckland, particularly in understanding the unique demands of building in Auckland regarding climate, topography, and geological conditions. We work with professionals to ensure the site is suitable and compliant for what you want to achieve.

New dwellings will still need to meet certain standards. For example, your three-story house or unit may occupy up to a maximum of 50 per cent of the land (an additional 10 per cent is allowed for rounding). The section may include up to three units, and each will need an outdoor area of some description. Your building will still need to be a minimum of a metre away from the side boundaries and 1.5 metres from the front border.

The complexity of your site, including the contour of the land, may require additional permission or expertise, but an excellent first step is to talk to your Maddren Homes consultant for some expert advice.

Sources:

https://www.stuff.co.nz/life-style/homed/houses/126724910/yes-in-your-backyard-what-the-new-mediumdensity-housing-laws-mean-for-you

https://ourauckland.aucklandcouncil.govt.nz/news/2022/02/growing-together-explainer-nz-s-new-direction-towards-more-high-density-housing-in-our-biggest-cities/

https://ourauckland.aucklandcouncil.govt.nz/news/2022/04/new-housing-rules-the-big-changes-for-auckland/

https://www.stuff.co.nz/national/politics/300069352/biggest-rma-shakeup-in-a-generation-how-labours-planning-laws-will-work

https://www.stuff.co.nz/national/politics/124195642/rma-to-be-scrapped-environment-minister-explains-new-threelaw-plan

https://mainmark.com/regional-spotlight-series-how-geological-considerations-differ-in-auckland-wellington-and-christchurch-new-zealand/

https://www.stuff.co.nz/life-style/homed/houses/126724910/yes-in-your-backyard-what-the-new-mediumdensity-housing-laws-mean-for-you