Resource consent, district plans and minor dwellings

The most expensive mistake in tiny homes is answering the building consent question, getting a good answer, and stopping there. MBIE devotes a whole section of its guidance to why that is not enough: "The Building Act and the Resource Management Act are very different pieces of legislation, and there are different definitions and requirements under each."

Why does it matter that they are different?

Because the same tiny house can be classified differently under each. MBIE: "Although your tiny house may not be defined as a building under the Building Act, it may still be a building as defined in a district plan adopted by your council under the Resource Management Act." Your council does both jobs — it issues building consents under the Building Act, and grants resource consents under the RMA — but it applies different definitions to each.

What is a dwellinghouse under the RMA?

Section 2 of the Resource Management Act defines a dwellinghouse as "any building, whether permanent or temporary, that is occupied, in whole or in part, as a residence; and includes any structure or outdoor living area that is accessory to, and used wholly or principally for the purposes of, the residence; but does not include the land upon which the residence is sited".

Note "whether permanent or temporary". The RMA definition does not have the Building Act's immovability test in it at all.

What is a district plan and how do I check mine?

MBIE: "A district plan is the main document that sets out the framework for managing land use and development. Each council creates its own district plan specific to its area, so rules may vary depending on where your tiny house will be located." And the instruction that follows: "You should check with your local council to make sure your tiny house complies with your local district plan. If it doesn't, you will need a resource consent."

What is a minor dwelling?

MBIE defines them as "self-contained units built on the same site as another residential building" and says "most minor dwellings fall under district plans as a permitted activity. Councils will have different requirements in different areas. You should check with your council whether you will need a resource consent, building consent or both if you are planning to add a minor dwelling to your site."

Its table on adding a detached standalone dwelling to an allotment adds the practical detail: some councils allow a minor dwelling where there is already a primary dwelling on the allotment; "such dwellings are often limited in size (e.g. 60m²) in accordance with council district planning requirements"; and they "are often designated to be 'a permitted activity' providing all other applicable building and planning requirements are met". MBIE gives 60 m² as an example of one council's limit, not a national rule — yours will have its own number.

Are there consent notices or covenants on the title?

Worth checking early, and separate from both consent systems. MBIE's table on the standard building consent pathway notes that "consent notices or covenants on the land title might set minimum site coverage and other related requirements". A copy of your record of title will show them.