Question 8
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What was asked
Question 8: Are there additional conditions or criteria you consider should be required for a small standalone house to be exempted from a building consent?
What was proposed
MBIE considered that a building consent exemption is only appropriate if the building meets certain criteria that help limit health and safety risks.
The conditions would require the dwelling to be built by trusted workers, to a simple and straightforward design, and be notified to councils. Meeting these conditions would reduce the risk of building failure that the current inspections and approvals process safeguards against. They were specifically targeted at reducing the risk of structural failure, fire and the spread of fire, weathertightness failure, and insanitary conditions.
The full breakdown of proposed conditions is set out in pages 9 to 11 of the discussion document.
Summary of feedback
Overall, 594 submitters answered this question. Relatively few submitters provided additional conditions; however, submitters provided useful feedback on some of the existing conditions for the Government to consider. Feedback is summarised by condition type below.
Floor area – ‘up to and including 60 square metres’
Many homeowners submitted that the 60 square metre limit for these dwellings should be increased. There was variety in the suggested size increase, ranging from 65 square metres to no limit at all. There was also variety in the justification for this increase; some submitters stated that it was needed to ensure comfortable living, while others said it would enable a more flexible range of designs.
On the contrary, some industry submitters considered the current floor limits to be sufficient and low-risk.
Boundaries
Some councils commented on the height to boundary condition, with most in favour of option B: ‘there must be a two-metre distance from the external walls to any other building or boundary’.
One industry submitter stated that this condition should be removed because Acceptable Solutions cover separation from other buildings and boundaries. Moreover, District Plans also contain provisions on boundaries and setbacks.
Simple design via Acceptable Solutions
A few submitters disagreed with the wind zone condition, noting that it was far too restrictive. They suggested that the restriction should be extended to only exclude wind zones that require a Special Engineering Design (SED). Several industry submitters viewed the condition as unnecessary considering the dwelling is already required to be built in accordance with certain Acceptable Solutions.
Several submitters suggested that the requirement to meet B1/AS1 would severely limit the applicability of the proposal, as much of the country does not meet the ‘good ground’ requirement, and therefore recommended the condition be removed. Submitters suggested that, as an alternative, a geo-technical report or soil assessment should be required to identify the ground conditions. This assessment would mitigate any potential risks associated with poor soil conditions that could impact the building work and surrounding infrastructure.
A few industry submitters suggested existing safeguards such as NZECP34 be implemented to ensure granny flats are safe from electrical related hazards and injuries.(NZ Electric Code 34 sets out the minimum safe electrical distance requirements for overhead electric line installations and other works associated with the supply of electricity from generating stations to end users.). This includes maintaining safe distances when carrying out construction, building and excavation work near electric lines, and the use of non-conductive materials to mitigate risks of earth potential rise.
Plumbing work
A few submitters recommended that that the plumbing condition should be reconsidered, suggesting that wet area showers should be allowed under the exemption. One industry submitter considered the wet area shower work to be simple and low risk.
One iwi submission stated that the policy should enable off-grid sanitation and water supply as whenua Māori (Māori land) are often geographically isolated and vulnerable to extreme weather events, necessitating alternative water and power solutions.
Record of building work
In general, submitters across all demographics agreed that ‘Records of Work’ and ‘Certificates of Work’ should apply to these dwellings as if it was restricted building work.
Several councils, homeowners, and industry submitters stated that this requirement will allow these small standalone dwellings to be recorded in council property files and would be valuable for insurers, lenders, and future owners.
Design and building work
A few submitters flagged that the design of granny flats should be more accessible to accommodate the needs of elderly occupants and other members of the community with disabilities. A couple of submitters acknowledged that most New Zealand housing designs are inaccessible and suggested implementing Lifemark design standards and the installation of wet area showers to ensure that a granny flat is accessible for all occupants.
Additional assurance processes
A few submitters suggested adding additional assurance processes to ensure that building work complies with the Building Code. Whilst acknowledging the limitations of the Licensed Building Practitioner Site License, one industry submitter recommended adding a two-step approval process consisting of a Site License holder checking the building work before the building work begins, and a final inspection upon completion. Additionally, a few submitters suggested that a certificate of acceptance should be obtained once the building work is completed to provide greater certainty that the granny flat is code compliant.