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  • Consents

    Hi
    Are there any legal restrictions for tiny house under the Auckland council region.
    Since it a load on a trailer, it may not require consent. In case this were to be put adjoining a home (own house ) or rental property, would we require a consent. Can it be rented out legally?

    Has anyone done this before? Would there be a problem with neighbours?

    Have a big vacant section and a small house. Trying to improve cashflow. Building a house seems like a big expensive affair .Has anyone built a home recently?

    Also some other queries regarding consents.

    If a internal wall is not a load bearing wall, can it be removed without a consent.
    Also if the plumbing fixture for the sink remains the same, but needs to moved to a wall close by, do we need consents?

  • #2
    Hi Ella,

    You might be surprised what's doable re. your land and home etc. GRA (banner at top) have examples of relocating a home to rear of the section and building in front - impressive. So my point is 'you don't know what you don't know' - but clearly you have a curiosity so do lots of reading including the similar threads (discussions) on here (e.g. scroll down at the end of this thread and you will see 'similar threads' - a great place to start.

    Also go to the free evenings offered by experts (GRA, etc)and get really hungry for information - the more you find out, the more you'll need to know, but by taking the time to find out lots, more options will materialise property. You'll find yourself asking better questions too as you learn more.

    1. check out what needs consent from here

    2. use professionals - over taking DIY plumbing etc.

    3. have you seen the 'Just cabins?' Portable rental cabins - do an online search.

    cheers,

    Donna
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    Comment


    • #3
      Donna: Could you maybe put GRA in your answer a couple more times?

      Regarding tiny houses, I'd be interested in the answers. As far as I know, if they're on wheels then you can get away with just about anything. I don't think there's much in the way of restrictions around land size etc.

      I think you'd run foul of some rules if you had like 10 of them on a section rented out. But if you just had one in your backyard, it should be fine?
      Squadly dinky do!

      Comment


      • #4
        I don't know about say Auckland but in Rotorua council says if it's parked for more than 90 days I think it's treated as permanent structure and would require resource consent.

        For the rest - if you don't know the answers than you must engage professional i.e. LBP

        Comment


        • #5
          if it's parked for more than 90 days I think it's treated as permanent structure

          that might not matter if the structure is allowed as of right as ether a minor dwelling or even a secondary dwelling if one is allowed? The beurty of tiny house is that you keep building coverage to a small increase which cab be an issue on smaller sites.

          Building is the second issue;

          Recent determinations have discussed mobile/prefab homes https://www.building.govt.nz/resolvi...ations-issued/ look for 2017-065, this restated that prefaed buildings dont been a consent but the building work on site may do for drainage and foundations if provided. The buildings off site are treated as manuafactured products in the same way as the tap is (which doesnt need a consent either).

          People have tried to get around the "building" issue by putting wheels on the building but given this determination 2017-065 I dont think that argument is necessary?

          Personally I think the foundations could be a platform as defined that if under 1.5 doesn't need a consent. These types of buildings arguably dont need a foundation and can simply sit on blocks. Hard to argue that drainage doesn't need a consent but there is still wriggle room in schedule

          Comment


          • #6
            Originally posted by John the builder View Post
            that might not matter if the structure is allowed as of right as ether a minor dwelling or even a secondary dwelling if one is allowed? The beurty of tiny house is that you keep building coverage to a small increase which cab be an issue on smaller sites.
            In my area aux dwelling is restricted activity so resource consent is still required. Only exception is building of less than 10m2 as per Schedule 1.



            Originally posted by John the builder View Post
            Recent determinations have discussed mobile/prefab homes https://www.building.govt.nz/resolvi...ations-issued/ look for 2017-065, this restated that prefaed buildings dont been a consent but the building work on site may do for drainage and foundations if provided. The buildings off site are treated as manuafactured products in the same way as the tap is (which doesnt need a consent either).

            People have tried to get around the "building" issue by putting wheels on the building but given this determination 2017-065 I dont think that argument is necessary?
            Just read it and it's not what it says. View of MBIE is moving building to your site is not building activity. And only this. He further confirms that any further building work must comply with NZBC and restricted part must have consent.

            Originally posted by John the builder View Post
            Personally I think the foundations could be a platform as defined that if under 1.5 doesn't need a consent. These types of buildings arguably dont need a foundation and can simply sit on blocks.
            I don't think so. I don't recall any exemption which would even remotely allow this. You're likely referring to "deck" but house foundation is not a deck - foundation has dramatically higher loading and bracing requirement

            Comment


            • #7
              aux dwelling is restricted activity so resource consent is still required. Only exception is building of less than 10m2 as per Schedule 1
              you are confusing RMA and Building Act if you cant establish another household then tiny house may be out. the 10m2 rule applies to Building consent

              And only this. He further confirms that any further building work must comply with NZBC and restricted part must have consent
              read it again 4.5 is quite specific
              4.5

              In previous determinations I have considered the relocation of buildings and whether
              this constitutes “building work” under section 7 of the Act (see for example
              2011/104 and 2014/030 ). I maintain the view set out in those determinations, that
              the act of moving or relocating a building and placing it on site is not “building
              work”.
              the building work needs consent not the relocated building? Is that not clear?

              I don't think so. I don't recall any exemption which would even remotely allow this. You're likely referring to "deck" but house foundation is not a deck - foundation has dramatically higher loading and bracing requirement
              read schedule 1 24 decks and bridges....

              it includes bridges and platforms??
              all these require foundations but get a consent for the foundation if you want or dont have one? These building dont need one?

              Comment


              • #8
                I see your point but I can bet a lot of $$$ that you won't be successful in arguing your position with council building inspector.

                Calling timber pile foundation a "platform" is let's say "bold". Following such logic you don't need BC for 50 level skyscraper.
                Determination clearly refers to "act of moving". I rather think english is pretty clear on this.

                But anyway good luck with council
                Last edited by AlFa; 08-07-2018, 11:29 PM.

                Comment


                • #9
                  it isnt just this determination AlFa (there are others referenced in that decision)

                  I think there is a political motivation to interpreting things this way. It opens up the practicality of prefabricating here and overseas. Now the manufacturers dont need consent to make theie product but it must still comply?

                  Yes you can build a 50storey without consent (but you need to build it elsewhere and move to site) but a consent is needed for the foundation and the drainage. Maybe a saturn Rocket with reverse engines?

                  you still need to deal with the RMA and the HIRB rules and "building in yards" restrictions etc?

                  Comment


                  • #10
                    Thanks for all the replies. Called the council building consents team. They have said a tiny house or any structure (with or without drainage) over 10sq.m requires a consent. Not sure why some people sell tiny houses saying they do not require consents?

                    Comment


                    • #11
                      Sometimes, it's a matter of being pedantic and asking the right questions.

                      Many a 'tiny house' is on wheels.

                      That removes the need for a building consent from the council.

                      However, there can be other planning issues that a council could invoke, depending on their District Plan.

                      Comment


                      • #12
                        What Perry said. When you say "tiny house" council inspector draws a picture of permanent structure.

                        What you need to say "large caravan" which you'd like to use as accommodation for a family member for say 12 months. For sure there will be no requirement for a building consent but could be for a resource consent for which you need to talk to on-duty planner.

                        Comment


                        • #13
                          Called the council building consents team. They have said a tiny house or any structure (with or without drainage) over 10sq.m requires a consent. Not sure why some people sell tiny houses saying they do not require consents?
                          the other possibility is that the council are wrong?

                          counci struggle to understand that there is a difference betwwen a "buiklding" and "building work"that needs consent.

                          you can build a building under 10m2 on site without consent but you can drop a prefab or paark a tiny house without consent as long as there is no foundation or drainage work \required but then you only need the consent for the foundation and drauinage.

                          Thw law is developing and probably why councils are uninformed,there is a determination here that explians this:

                          The determination considers whether a unit relocated onto a residential property is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 of the Building Act.
                          Last edited by John the builder; 15-07-2018, 10:26 AM.

                          Comment


                          • #14
                            So hang on, according to that determination, you don't actually need a building consent to relocate, you only need one for the associated tasks - connecting services, foundations etc.

                            So how is it that councils demand a re-site report? Demanding floorplans etc of proposed relocatable? And how is it that I recently heard of a relocation project in Auckland held up by the council for 8 months over a consent? Sounds like they are overstepping themselves. (Again.)
                            My blog. From personal experience.
                            http://statehousinginnz.wordpress.com/

                            Comment


                            • #15
                              Originally posted by sidinz View Post
                              So hang on, according to that determination, you don't actually need a building consent to relocate, you only need one for the associated tasks - connecting services, foundations etc.

                              So how is it that councils demand a re-site report? Demanding floorplans etc of proposed relocatable? And how is it that I recently heard of a relocation project in Auckland held up by the council for 8 months over a consent? Sounds like they are overstepping themselves. (Again.)
                              According to all these determinations only act of moving doesn't require consent. But even this little fact is incredibly useful as it allows you to bring the house to your section, put on temp foundation and wait for consent processing saving on storage fees. But as of last year RotoLC had no idea about it and forced me to keep my house on yard premises costing me $200 a week.

                              Comment

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