Information about specific planning requirements for older person's housing units.
An older person's housing unit (previously called an elderly person's housing unit) is accommodation that is intended only for use by older people.
The Christchurch District Plan defines an older person as:
The partner, spouse, dependants or caregiver of an eligible older person are also allowed to live in the unit.
Older person's housing units must be constructed in groups of two or more. Units with a gross floor area of no more than 120m² (including garages or other accessory buildings) are eligible for some exemptions from the usual rules for residential units in the Residential Suburban, Residential Suburban Density Transition, Residential Hills, Residential Large Lot, Residential Small Settlement and Residential New Neighbourhood zones.
To ensure that only older people occupy the units, the District Plan requires that a legal encumbrance be placed on the certificate of title.
The encumbrance required by the District Plan must be registered on the certificate of title for the property before construction of the units commences. It provides notice to owners and potential purchasers that the unit can only be occupied by people who meet the District Plan definition of an older person.
The Council arranges for preparation and registration of the encumbrance on the certificate of title, in conjunction with your own solicitor. To request an encumbrance, please fill out the form: Request for Encumbrance (Form P-011).
Building work is unable to commence until the encumbrance is registered on the title, so to avoid delays, it is recommended that you submit the request for encumbrance form and the fee either before or when you submit your building consent application.
An older person's housing unit that was existing on 6 December 2013 can be converted into a residential unit that can be occupied by anyone, if certain requirements are met.
After a unit has been converted, the owner can request the removal (discharge) of the encumbrance from the certificate of title using the form: Request for Discharge of Encumbrance: Older Person's Housing Unit Conversion (Form P-014a).
Please note: this opportunity for conversion is only available until 30 April 2018.
Refer to the Resource Management schedule of fees(external link) for registration and discharge of encumbrances. Please note that these fees do not include your own solicitor's fees. The preparation of the encumbrance or discharge document is done in consultation with your solicitor, as it is a legal document.
For more information or enquiries please contact the Duty Planner.