National Environmental Standards for Detached Minor Residential Units (NES-DMRU)

NATIONAL ENVIRONMENTAL STANDARDS FOR DETACHED MINOR RESIDENTIAL UNITS (NES-DMRU)

The purpose of the National Environmental Standards for Detached Minor Residential Units (NES-DMRU) under the RMA is to make it easier and more affordable to build small homes (e.g., granny flats) on your site and aims to provide a consistent nationwide framework for these units.

Where it applies:

• Residential, rural, mixed-use, and Māori-purpose zones (subject to permitted activity standards).

Key things to note:

• This NES allows District Plans (in some instances) to retain more lenient permitted activity standards, so when assessing your plans, the council will be applying a combination of rules from both the NES and Partially Operative District Plan (PODP). See Table 1.
• However, this may affect the Building Act consent exemptions pathway (i.e. if building over 70m2 in GRUZ). Find more information on this process here.
• Under the NES, the Settlement Zone (SETZ) is considered a ‘rural zone’, whereas the PODP adopts residential standards.
• This NES now enables the establishment of a DMRU in the MRZ, noting that there was previously no rule enabling a minor residential unit to be established. Establishing a DMRU under this NES is not multi-unit development that will be captured by the prior Engineering Acceptance process, as it must be held in common ownership with the principal unit and would be unable to be subdivided (i.e. no servicing or bylaw matters requiring EA).
• Only 1 DMRU is permitted per site (unless the PODP provisions allow otherwise, for example in the GRUZ zone a property with sufficient land area may establish 1 DMRU per permitted residential unit).

In order to be assessed as a detached minor residential unit (DMRU) not requiring resource consent under this NES, you must meet the following criteria:

• Be a self-contained residential unit ancillary to the main dwelling, on the same site, and under common ownership.
• Be a detached unit (note – attachment to the main residential unit will revert to the PODP provisions).
• Have a maximum total internal floor area of 70 m² excluding garages.
  (Floor area, in relation to a DMRU, means the overall internal dimensions measured between the finished internal faces of the external walls of the DMRU)
• Be no less than 2m away from the principal dwelling
• In residential zones:
  • Have a maximum of 50% building coverage.
  • Have a 2m minimum setback from the front (road) boundary
    (excluding MRZ where the less restrictive rules from the PODP apply – see Table 1)
  • Have a 2m minimum setback from the side and rear boundaries.
    (excluding MRZ where the less restrictive rules from the PODP apply – see Table 1)
• In rural zones:
  • Building coverage must comply with the rules of the PODP.
  • Have a 10m minimum setback from the front (road) boundary.
    (excluding SETZ where the less restrictive rules from the PODP apply – see Table 1)
  • Have a 5m minimum setback from the side and rear boundaries.
    (excluding GRUZ where a greater 30m minimum internal setback is required in order to manage the risk of wildfire and SETZ where the less restrictive rules form the PODP apply – see Table 1)

You must also comply with other relevant rules of the PODP, including:

• Earthworks.
• Subdivision.
• Papakainga.
• Use of a unit for activities other than residential.
• Rules relating to matters of national importance under s6 RMA: wetland/lake/river and their margins setbacks (under natural character provisions), coastal environment, outstanding natural features and landscapes (ONL & VAL), significant indigenous biodiversity, cultural values, heritage.
• Rules applicable to the principal residential unit on that site to manage health and safety effects, including:
  • 30m minimum internal GRUZ setback - The RMA definition of 'natural hazard' includes fire, and the 30m internal boundary setback for residential units is intended to manage the risk of wildfire (noting NH-MAT5 Wildfire is an assessment matter where the required internal setback is not met).
  • Natural hazards - A flood assessment certificate (FAC) will still be required for a DMRU to demonstrate that the unit will comply with the minimum required FFL for flood hazard mitigation under rule NH-R2 of the PODP.
  • Reverse sensitivity rules for the purpose of managing health and safety effects (e.g. airport noise, Port noise, sensitive activities near road/rail, rail corridor setbacks, electricity line setbacks). This also includes GRUZ provisions applying to newly established 'sensitive activities' (including residential activities) from intensive primary production activities and mineral extraction. Note - the definition of 'reverse sensitivity' in these regulations includes existing primary production activities.
  • Site-specific infrastructure: Connecting to reticulated water & wastewater networks, where required (in a township that has reticulation). Note - rules in the regional plan relating to wastewater discharge still apply and existing discharge consents may require s127 or a new consent if a DMRU increases the discharge beyond the scope of the consent.

Table 1:

Notes:
Building coverage is measured to the outermost point of the roof, including gutters.
Setbacks in MRZ are measured to the outermost point of the roof, including gutters.
Floor Area excludes garages.