If you are currently letting, or considering letting your property for short term visitor accommodation (STVA) you need to be aware of rules that affect you.
Short term visitor accommodation means that your property is available for let for short periods and advertised on sites such as Airbnb, Bookabach, etc. With the rapid growth of this type of accommodation, it is likely there are property owners who may be unaware of District Plan and Building Act legislative requirements as they relate to property use.
These rules ensure that accommodation is safe for guests to use. In addition, short term guests have been shown to create more pressure on our district’s infrastructure and as such the DCC is reviewing the rating categories of properties that are used for STVA purposes.
To ensure people are meeting their responsibilities and not breaking the law the Council needs to know when properties are being used as accommodation, so any effects can be proactively managed. We also need to make sure that standards are met so that guests and residents alike are kept safe and well.
You need to let us know if:
- you are temporarily or permanently letting an entire house for short term visitors
- you have built a fully self-contained living area for short term visitors on your property
- you are letting rooms to more than five guests in your own home.
You may need to apply for a resource consent and potentially a building consent. If you need a resource consent or a building consent, you may need to pay a development contribution.
Below is further information about the Planning and Building regulations. We understand that people can find these regulations confusing, if you are in any doubt, please contact us to discuss further.
Planning - The District Plan and Resource Consents
Under the partially operative Dunedin City Second Generation District Plan 2024 (2GP) using your house for homestays for five or fewer guests is permitted. It comes under the definition of ‘working from home’. However, if you have more than five guests you will require a resource consent.
If you decide to make an entire house available to paying guests for more than 28 nights per calendar year you will require a resource consent. The District Plan identifies this as ‘visitor accommodation’. It is defined as “the use of land and buildings for temporary accommodation on a commercial fee-paying basis." This definition includes the provision of facilities for resident guests (e.g. playgrounds, spa pools, swimming pools, gyms).
Examples are:
- motels
- hotels
- homestays or bed and breakfasts
- serviced apartments
- backpackers and hostels.
If you separate off part of your house and fully equip it as a standalone residential activity you will have created a second residential unit. The same applies to an accessory building fitted out for a residential activity. Both changes will likely trigger the need for a resource consent. If they are used for a commercial residential activity it is also highly likely a resource consent will be required.
The proposed District Plan (the 2GP) can be found at here: 2GP website (link to external website, new window)
Planning - General
The district plan (2GP) is available on the Dunedin City Council web site. If you find you have still have a question you can email planning@dcc.govt.nz or contact our Customer Services staff and ask to speak to a duty planner.
If you change the use of property and need a resource consent it is likely you will be subject to the payment of a development contribution. Information about this can be found on the Dunedin City Council web page.
Planning guidance and forms can be found here: Planning page
Building Regulations - Code Compliance
The main building code requirements to be considered are facilities for people with disabilities and protection from fire.
Facilities for people with disabilities
Section A1 of the New Zealand Building Code categorises boarding houses accommodating fewer than 6 people as ‘Housing’, therefore they do not require special facilities for people with disabilities.
If the building will be accommodating 6 or more people, it is likely that accessible facilities will be required. This means that features such as stairs, ramps, landings, bathroom facilities and toilet facilities may have to be specially designed for use by people with disabilities.
Protection from fire
The acceptable solutions classify boarding houses, homestays, B&B and similar accommodation as risk group SH, as long as there are fewer than six occupants (not including members of the residing family). Because of this the fire safety provisions required are generally the same as for other private households – Refer to acceptable solution C/AS1 for further information.
If you will be accommodating 6 or more people, the risk group changes to SM meaning that a higher level of fire safety will be required. This may include features such as fire alarm systems, emergency lighting and exit signage. Refer to C/AS2 and other acceptable solutions for further information.
As the building can no longer be considered a single household unit, sections 100 to 110 of the Building Act are likely to require a compliance schedule and building warrant of fitness (BWOF) to ensure that important safety systems are maintained and function as required.
Building Act 2004 - Change of use
The Building Act 2004 defines the owner’s and territorial authorities’ responsibilities when changing the use of a building, however change of use is defined in separate regulations.
Section 114 of the Building Act requires a property owner to give written notice that they intend to change the use of a building, but what is a change of use?
The Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 provides a schedule of different uses and defines when a change has taken place. In summary, it’s only a change of use if the building is going to a new use (as defined in the schedule) and the building code requirements are additional or more onerous than in the original use.
These regulations show that short term visitor accommodation has a different use (SA) from regular housing (SH). Because of this, the test for a change of use often hinges on whether the accommodation will result in additional or more onerous building code requirements. As described in the code compliance section above, this typically occurs when a building provides short term accommodation for 6 or more people. An example would be using 3 rooms for paying guests, each having double beds.
The exact configuration of a house and the number of people to be accommodated will likely determine if a change of use has occurred (or will occur). Section 115 of the Building Act requires owners not to change the use unless council gives written notice that it is satisfied the building will meet certain compliance requirements in its new use. It is highly likely that property owners do not realise that they may be contravening the Building Act by using their house in this way.
If it is determined that a change of use has occurred, then building consent will likely be required to make the building NZ Building Code compliant. The required work cannot be accurately determined however it will often include fire resistant construction, automatic fire alarms and access and facilities for people with disabilities. It is possible that resource consent will also be required, so consultation with the DCC planning department is recommended.
References
The New Zealand Building Code, the acceptable solutions and the change of use regulations each have their own similar but unique definitions for building uses, which are explained as follows:
- Clause A1 of the New Zealand Building Code – clause A1 defines ‘classified uses’ for determining what clauses of the building code apply to particular buildings. The Building Code can be found at Building Regulations 1992
- Protection from fire acceptable solutions C/AS1 and C/AS2 – These documents define ‘risk groups’ for determining what fire safety provisions are required. The acceptable solutions can be found at Building Code compliance | Building Performance.
- Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 - schedule 2 defines building uses for determining if a change of use has occurred. This legislation can be found at Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.
Sections114 and 115 of the Building Act 2004 – these sections define the owner’s and territorial authorities’ responsibilities when changing the use of a building. The Building Act 2004 can be found at Building Act 2004.
Contact us on 03 477 4000 or visit Building Services ground floor of the Civic Centre if you need further guidance.