Converting a garage or building to a habitable space (sleepout)
The conversion of a garage to a sleepout is not a change of use under Section 114 of the Building Act 2004 and therefore there is no requirement to upgrade the existing construction of the building.
However, if building alterations are to be carried out as part of the conversion a building consent may be required. Part of this consent would include the requirement to fit smoke alarms in both the new sleepout and in the house.
Note that it would be sensible to ensure that the building is dry, has ventilation and adequate insulation. If such (building) work is proposed a building consent may be required for this depending on what is proposed.
A resource consent may be required if there are any non-compliances with the City or District Plan, such as loss of car parking spaces or setbacks from boundaries. Customers should contact a planner to discuss whether the conversion of a garage will require a resouce consent for a car parking shortfall.
Subject to obtaining a building consent, a toilet or bathroom may be installed in a sleepout but a kitchen may not be installed.
Using an on-site caravan or campervan for accommodation
There are many issues relating to this activity. The Building Act 2004, City or District Plan requirements and the Christchurch City Bylaws may have to be considered.
If the caravan or campervan is deemed to have become a building under the definition in the Building Act, a building consent will be necessary. A resource consent may also be required if it does not meet building setbacks, recession planes and building coverage rules in the City or District Plan.
If, as a property owner, you propose to use a caravan for accommodation, please speak to a Duty Planner on 03) 941 8999 in the first instance. You will also need to discuss your proposal with a Duty Building Consent Officer.
As a neighbour with concerns you are recommended to speak to the Duty Planner.
Requirements for a family flat (or granny flat) on a property
Under the Christchurch City Plan
A family flat or ‘granny flat’ means self contained living accommodation, whether contained within a residential unit or located separately to a residential unit on the same site, which is occupied by a family member who is dependant in some way on the household living in the residence. A family flat is required to be encumbered by a legal instrument which ensures that the use of the family flat is limited to dependant family members of the household living in the residential unit. The Council's preferred form of legal instrument is an encumbrance. For more information, please refer to the Family Flat Encumbrance page.
Under the City Plan the maximum gross floor area permitted for a family flats is 65m2 except that terraces, garages, sundecks and verandas are excluded. Once the building is no longer needed as a family flat and it will not comply with all the standards for a residential unit the building is required to be relocated from the site, or the kitchen removed so that the building is no longer self-contained.
NB: a sleepout that is not self contained (i.e. no kitchen) is covered by different rules.
Under the Proposed Banks Peninsula District Plan
The Proposed District Plan provides for a family flat as an accessory building. It is recommended that you speak to a Planner in the Lyttelton Service Centre if you are thinking of constructing a family flat.
For more information refer to our pamphlet on building a family flat [PDF 43KB].
Requirements of elderly persons housing (EPH)
Under the Christchurch City Plan
An elderly persons housing unit is defined as “one of a group of residential units developed or used for the accommodation of elderly persons and where the group is either held under one title or unit titles under the Unit Titles Act with a body corporate and which is encumbered by a bond or other appropriate legal instrument which ensures that the use of the unit is confined to elderly persons.”
An elderly person means a person who is over the age of 60 years or a person who qualifies for a permanent invalid’s benefit on health grounds. This extends to include the partner, spouse, dependants or caregiver of such a person, notwithstanding that the partner, spouse or caregiver may be under the age of 60 years.
NB: you do not have to be on a benefit, but are required to meet the criteria for a permanent invalid's benefit.
The City Plan requires that EPH units are encumbered by a bond or other appropriate legal instrument to ensure that only people who meet the City Plan definition of an 'elderly person' shall occupy the units. The Council’s preferred form of legal instrument is an encumbrance. Refer to the EPH Encumbrance page.
Under the Proposed Banks Peninsula District Plan
There is no specific provision for Elderly Persons Housing under the Proposed Banks Peninsula District Plan. Please contact the Duty Planner at the Lyttelton Service Centre if you have any questions.
For more information refer to our pamphlet on elderly persons housing [PDF 25KB].
