Granny Flats, Tiny Houses – likely problem builds?

By Ray Lilley

South Wairarapa wants to support the government’s plan to make building Granny Flats and Tiny Houses a non-consented fast-track process _ but fears it could mean increased council liability, increased risk and increased cost.

“There must be mitigation of these” risks, Councillor Pip Maynard told a council Granny Flat legislation workshop last month.

If the issues of storm water, waste water and town water supply were solved, one councillor noted, “I’d be in favour. However we’re not in that position.”

Currently no new building can be connected to the waste water/sewerage systems in Martinborough and Greytown because of lack of capacity to handle extra load. 

Under the government proposal, Granny Flats and Tiny Houses up to 60 square metres in size could be built without council resource or building consent. 

Currently, all such work requires a building consent and council code compliance sign-off, adding cost and time to building work. Only consents issued before mid-2023 presently have approval to connect to the overloaded sewerage systems.

The government’s small house fast track plan means building consent exemptions would be granted for small houses, built by trusted workers to a simple design, and be notified to councils.

The intent of the policy is to increase the supply of small homes, creating more affordable housing options and choice. 

Water contractor Wellington Water advised the council of the “supply and connection implications,” of the proposal _ and of the waste water and flood water “capacity issues” and constraints of the yet-to-be upgraded and certificated town systems. 

The proposal potentially could both undermine the district plan and elevate council’s risk, as was seen during the leaky homes embroglio.

“I have a great deal of sympathy about getting more buildings built more quickly,” Mayor Martin Connelly said, “but a Granny Flat is no different from a second bathroom _ which requires a consent” to connect to water and waste systems.

“A waste water connection is the biggest knock-on effect for South Wairarapa District Council and others in the same situation.”

Council chief executive Janice Smith asked: “How do we limit council’s risk in this situation,” when there is no resource or building consent issued by the local authority?

“We need to be really clear that the council has no legal liability whatsoever if this legislation goes through, and it remains with the owner and the practitioner (builder). 

“We do not want to find ourselves the ambulance at the bottom of the cliff when bad decisions are made.”

“It (the government proposal) is probably one of the biggest changes that could impact on us as a council.”

Connelly added: “We must argue that there is no liability in this process that ever comes back to council. That’s the main responsibility we have to try and argue for.”

The discussion ended with a note of caution from one speaker:

“If there is one thing we’ve learnt about this government, this legislation is going to go through. We need to seek clarification of where the liabilities sit and what would be the rules around that.” 

Connelly noted that their submission was “more likely to be positively read (by ministers) if it was positively framed.”

Smith added the council’s submission should be recast to support the proposals but add it has serious concerns about some issues and how they will be resolved.