Granny flat guidelines

We can all remember the major life milestone when we first moved out of the family home. And for many people that day will mark the last time they permanently share a house with their parents. But our aging population means that it's becoming increasingly common for elderly people to share a home with their children later in life.

A granny flat can be a great idea in this kind of situation because it provides a degree of independence and privacy for the older person, while allowing them to rely on their adult children if they need to.

Auckland City Council does not have a separate category for granny flats or minor dwelling units. This means any flat with a kitchen is considered to be a second household unit, even if it is attached to the existing house. There are rules in the Auckland City Council's District Plan relating to second dwellings. You will have to allow for a certain amount of land per household unit - in particular you will have to cater for private open space and car parking areas. Information relating to the zone you live in and the associated requirements is available from council offices. In some cases, a resource consent may be necessary before a second dwelling can be built.

Where your land area is large enough to accommodate a second dwelling, you have a number of options. You might decide to freehold subdivide your property, cross-lease it, or do neither.

Freehold subdividing your property means that the granny flat will be built on a site with its own legal title. The size that your site needs to be to allow for subdividing will depend on the zone and you will need to check that at your council offices. There are a number of costs associated with subdividing and you will probably need to employ a lawyer, surveyor and often an engineer. You will also have to provide an accessway and separate utilities for the second home.

Cross leasing is another option. In this situation, the shape and location of each unit is identified on a plan of the original lot. Areas around each dwelling are identified for the exclusive use of the occupier of each unit. These areas are referred to as restrictive covenant areas. Both parties jointly own the freehold title to the full site and each party cross leases their dwelling and restrictive covenant area from the other owner(s). If at any time additions are made to the units, new cross lease titles need to be drawn up by a surveyor and new titles issued. As part of the cross lease agreements, the joint owners of the land are required to consult with the other parties if changes are proposed. There will be costs associated with cross leasing, which could include employing a lawyer, a surveyor and maybe an engineer.

Finally, you might decide to do neither and instead have one title with two homes on it. Of course, this means that you could not sell them separately.

If you do not have enough land to build a second dwelling, then you may be able to build a sleep-out without separate kitchen facilities (i.e. an accessory building).

This can be a good option if you have teenagers or young adults who prefer to live at home because of the high cost of flatting or buying property. If you do this, you will need to make sure that the addition (whether attached or separate) complies with site coverage rules, and check whether a resource consent is required.

www.aucklandcity.govt.nz

BOB DE LEUR - principal building officer, Auckland City Council