Information about specific planning requirements for older person's housing units.

An older person's housing (OPH) unit, previously called an elderly person's housing or EPH unit, is an accommodation unit that is intended only for use by older people.

The Christchurch District Plan defines an older person as:

  • a person who is over the age of 60; or
  • a person who qualifies for a permanent supported living payment on health grounds.

The partner, spouse, dependants or caregiver of an eligible older person are also allowed to live in the unit.

Older persons' 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 the 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) [PDF, 123 KB].

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 or an older person's housing unit can be converted into a residential unit that can be occupied by anyone if the following requirements are met: 

  • The property is in the Medium Density Residential Zone (MRZ) and the unit existed on 17 March 2023, and it has a gross floor area of at least 20m2, excluding garages; or
  • The property is in the Residential Medium Density Zone (RMD) and the unit existed on 6 December 2013, and it has a gross floor area of at least 35m2, excluding garages.
  • In both zones, the unit must have a separate outdoor living space readily accessible from its living area that is at least 30m2 with a minimum dimension of 3m.

You can use the District Plan Property Search(external link) to check the zoning of your property. 

No resource consent is needed if these requirements are met. 

Note - The District Plan no longer enables conversions of EPH units in the Residential Suburban Zone or Residential Suburban Density Transition Zone.

The decision on whether individual units are made available for general occupation is up to individual owners and Body Corporates (if applicable). Owners who are interested in making their unit available for general occupation will need to consult their Body Corporate to check whether approval is required from the Body Corporate.

The encumbrance on the certificate of title restricting the occupancy of the unit is able to be removed using a P-014a Request for discharge of encumbrance - Elderly person's housing unit conversion(external link) [PDF, 154 KB] form. 

Refer to the Resource management schedule of fees(external link) for registration or discharge of encumbrances.

Please note that the encumbrance fee does not include your own solicitor's fees. The preparation of the encumbrance document is done in consultation with your solicitor, as it is a legal document.

 

Contact us

For more information or enquiries, please contact the Duty Planner.