Building a Dwelling, Tiny House or a Sleep-out

The following information outlines many of the key things you need to consider, but it is not an exhaustive list. A proposal must meet all the District Plan rules to be a permitted activity. If it cannot comply with any one rule, resource consent will be required. If you have a specific project in mind, you are advised to contact the planning staff at Whakatāne District Council before starting.

What is the difference between a dwelling, tiny home and accessory building for habitation?

There is no difference between a dwelling and a tiny home in regard to the requirements of the District Plan. All tiny homes are considered to be dwellings. The rules concerning dwellings all apply equally to tiny homes.

An accessory building for habitation is defined in the District Plan as being incidental to the main dwelling. Incidental use requires that the occupants are necessarily at least part of the residential activity in the main dwelling. That is determined by answering the question, "Can a person reside in the accessory building without having to use any part of the main dwelling at any time?"

If the building can be used for habitation independently of the main dwelling, then it is not incidental to that dwelling and is not an accessory building. This is irrespective of who is intended to live in the building. Any accessory building for habitation which has the facilities to allow it to be potentially used without the occupants relying on the main dwelling for services is a dwelling in its own right and the rules relating to multiple dwellings apply.

This also applies to where a unit is a part of the main dwelling. If the unit is potentially able to be occupied independently of the main dwelling, such as having its own services and access, then it is also a dwelling in its own right and the rules relating to multiple dwellings apply.

Can I build a dwelling?

Whether or not you can build or relocate a dwelling to your property depends on the zoning, natural hazard risk and how well your proposal complies with the rules in the Whakatāne District Plan.

There are separate requirements for an accessory building for habitation, such as sleep-outs or granny flats. These are listed separately below. Additional rules relating specifically to Commercial and Town Centre Zones are found in Rules CZ-R48 and TCZ-R46 of the District Plan.

• Find the zoning of your property by viewing the planning maps
• Read the Whakatāne District Plan

For further site-specific advice, you can apply for a Project Information Memorandum (PIM). This will set out the information Council has that will affect your proposed project. It covers matters related to both the District Plan and Building Code.

• Find more information about PIMs

Requirements by Zone

With the exception of the Commercial Zone, you are only allowed to have one dwelling per residential or rural property. In the Rural Coastal and Rural Ohiwa zones, however, resource consent is required for any dwelling unless the building platform was approved through a subdivision.

The following table summarises the rules related to dwellings. You will need to apply for resource consent if you want to construct additional dwellings on your land or cannot comply with all the rules.

Other Bulk and Location Rules

The following is a summary of some of the key design considerations. You will need to refer to the relevant zone standards in the District Plan for all rules that will apply.

Yard Setbacks

A dwelling must be located a certain distance from the property boundary. This is the “yard”. Any yard distance not to a public area, such as a road or reserve, can be reduced if the written consent of the affected property owner and occupier is obtained.

Site Specific Yard Setbacks

The District Plan has additional site specific yard setbacks, generally related to the sensitivity of a dwelling in relation to a neighbouring area.

New dwellings must be:

• Subject to acoustic assessment if within:
  • 80m of a State Highway in the rural zone
  • 40m of a State Highway in the residential zone
  • 100m of any operational railway corridor
  • 500m of the Whakatāne Airport
  • 300m of any existing geothermal wellhead.
• Except for the Rural Ohiwa Zone, set back 20m plus the prescribed yard from Mean High-Water Springs
• In the Rural Ohiwa Zone, set back 100m from Mean High-Water Springs
• Set back 20m from the bank of a river or margin of a lake as defined in Section 230 of the RMA
• No less than 75m from any building housing livestock or intensive feed storage area (unless in the same ownership as the dwelling)
• No less than 50m from any consented animal or dairy effluent disposal area (unless in the same ownership as the dwelling)
• No less than 300m from specifically identified wastewater treatment facilities
• Not located on any identified archaeological or cultural site
• Not located within any identified Significant Indigenous Biodiversity Area.

Can I build a sleep-out or granny flat?

An accessory building for habitation is a detached building being used for living in but is still incidental, or used as a part of, the main dwelling on the property. These are commonly sleep-outs or granny flats which are used by family members, but not as rental accommodation.

There are some separate rules relating to accessory buildings for habitation:

The yard and most of the site specific yard requirements given above for dwellings also apply to accessory buildings for habitation.

The site specific yard distances which apply to accessory buildings for habitation are:

• Subject to acoustic assessment if within:
  • 80m of a State Highway in the rural zone
  • 40m of a State Highway in the residential zone
  • 100m of any operational railway corridor
  • 500m of the Whakatāne Airport.
• Except for the Rural Ohiwa Zone, set back 20m plus the prescribed yard from Mean High-Water Springs
• In the Rural Ohiwa Zone, set back 100m from Mean High-Water Springs
• Set back 20m from the bank of a river or margin of a lake as defined in Section 230 of the RMA
• No less than 300m from National Grid Transmission Line corridors or associated buffer areas
• Not located on any identified archaeological or cultural site
• Not located within any identified Significant Indigenous Biodiversity Area.

Hazards

If a dwelling or other building is proposed to be located in a coastal hazard area identified on the planning maps then resource consent will likely be required. The resource consent application may need to be supported by a report from a specialist such as a coastal engineer.

All dwellings and other habitable buildings must achieve a minimum platform level to avoid or reduce risk from inundation.

• Find out more about Minimum Building Platform Levels

In some cases, you will need to provide a geotechnical report to confirm that the land is stable and suitable for construction of a building.

Tiny houses

There are many factors to think about when considering building, buying or living in a tiny house. The Ministry of Business, Innovation and Employment (MBIE) offer guidance to help improve understanding of what rules apply to tiny houses and what requirements need to be considered before building a tiny house.

This guidance ensures that tiny houses as buildings are safe, healthy and durable for their intended use.

• MBIE tiny house guidance document - (PDF, 6 MB)

Check out our Tiny Houses - Frequently Asked Questions page.

Access

All dwellings must have formed access to a public road.

If the dwelling will require a new access to a State Highway, the written consent of Waka Kotahi (NZTA) will be required.

• Contact Waka Kotahi (NZTA)

Permission must be obtained from the Whakatāne District Council's Transportation Team for any new vehicle crossing onto another public road.

On-site Effluent Treatment System (OSET)

Any dwelling that is not connected to Council’s reticulated wastewater system must be connected to an OSET system.

The system must be designed by a person accredited by the Bay of Plenty Regional Council and you will need to provide a copy of the assessment with your resource consent and building consent application(s).

• Visit boprc.govt.nz for a list of approved OSET system designers

Stormwater and Water

Stormwater must also be managed and disposed of in accordance with the District Plan’s rules and the Building Code. In some places, extra stormwater run-off can have adverse effects. A site-specific stormwater design report may need to be provided.

Each dwelling must have water supply that is safe to drink (potable). Roof water can be used, but it will usually require a treatment system to be installed, such as a combination of filters and a UV light.

Soil Contamination

Council must ensure that a building is located within an area that does not contain contaminated soil. Council may require an assessment under the National Environment Standard for Assessing and Managing Contaminants in Soil to Protect Human Health.

You can check if the Regional Council has identified your land as being contaminated or potentially contaminated on their website by.

• Submitting a HAIL (Hazardous Activities and Industries) request
• or check the Hazard Activities and Industrial List (HAIL) maps

Maori Land

Rules in the District Plan apply to all land, regardless of whether it is multiple owned Maori Land, Maori Freehold Land or General Title.

You may wish to obtain an Occupation Order from the Maori Land Court as one of way of confirming that you have authority to build on land that is held in multiple ownership.

How long does it take the Council to process a resource consent application?

If your proposal is not a permitted activity, you will need to apply for resource consent. Council recommends that you engage a consultant planner to prepare the resource consent application to help ensure it contains all the required information.

The Council has 20 working days to process a non-notified resource consent application. This time does not include any time the application is on hold awaiting further information.

Proposals that have more than minor effects on the environment, or involve parties that will not give their written approval, must be limited or publicly notified (advertised).  Affected parties are able to lodge submissions for or against the proposal. If a submission is received and the submitters wish to be heard, a hearing before one or more hearing commissioners will be required.

Do I need to get my neighbour's permission?

Talking with your neighbours can be beneficial for both parties. Council planning staff will ultimately decide if written approval from your neighbours or any other party is required.

Will conditions be placed on my resource consent?

If the Council approves your resource consent, there will be certain conditions you will need to meet. Some conditions will need to be met as part of the application for building consent, other conditions may need to be complied with on an on-going basis. Conditions commonly require installation of services and formation of a vehicle crossing.

What does a resource consent cost?

The Council charges a deposit for resource consent applications.

• Find out more about our Fees and Charges

Additional fees may be charged on a cost-recovery basis.