Providing visitor accommodation in a residential unit

The requirements for providing visitor accommodation within residential houses/units differ depending on whether the accommodation is hosted or unhosted, and the zoning of the property in the District Plan.

You can use the District Plan Property Search(external link) to find out what zone your property is in.

• Hosted accommodation is where someone who lives permanently on the same property will be there while visitors are staying (e.g. bed and breakfast).
• Unhosted accommodation is where a permanent resident won’t be living on the same property while visitors are staying.

The table below shows the maximum permitted number of guests and nights for each zone and accommodation type.

There are additional requirements for each zone which are outlined in the sections below.

Hosted visitor accommodation where the owner lives on-site and rents out rooms, is permitted within most homes in residential zones if the following criteria are met:

1. A maximum of 8 guests at any one time, or 10 if the accommodation is in a heritage building listed in the District Plan.
2. At least one permanent resident must be living there while guests are staying. If the accommodation is in a heritage building, a manager or supervisor can stay there with visitors instead.
3. The Council must be notified in writing(external link) prior to starting the accommodation activity.
4. The owner must keep a record of the number of nights the house/unit is used for hosted accommodation per year, starting from the date the Council was notified of commencement.
5. Individual bookings are for less than 28 days each.
6. The accommodation can’t be in a family flat on the property.
7. Other general rules apply including, but not limited to, noise, signage and lighting.

Note - These requirements don't apply to residential units in the Accommodation and Community Facilities Overlay. 

If the accommodation will be provided in a new building or an extension or conversion of an existing building, the built form rules for the zone will also apply, along with additional rules for specific locations, such as insulation requirements near arterial roads, railways and within the airport noise contours.

A resource consent [DOCX, 228 KB] will be needed if any of these requirements are not met, so the Council can consider environmental effects including impacts on neighbours such as noise, traffic movements, access etc. An important consideration is whether properties within the block will still have a high proportion of residential neighbours. 

Unhosted accommodation within a residential unit is permitted on most properties outside the 50dB airport noise contour if the following criteria are met:

1. A maximum of 8 guests at any one time, or 10 if the accommodation is in a heritage building listed in the District Plan.
2. Maximum 60 nights per 12 month period, starting from the date the Council was notified of commencement, or 180 nights in the following areas:

• • Residential Banks Peninsula zones at Akaroa, Duvauchelle and Wainui 
  • Residential Small Settlement zones at Barry's Bay, Cooptown, French Farm, Kukupa, Le Bons Bay, Little Akaloa, Little River, Okains Bay, Pigeon Bay, Robinsons Bay, Takamatua, Tikao Bay and Wainui
  • Residential Large Lot zone.

3. The Council must be notified in writing(external link) prior to starting the accommodation activity.
4. The owner must keep records of the number of nights the house/unit is used for unhosted accommodation and provide these to Council if requested.
5. The owner must provide the owners and occupiers of all adjoining properties, (including properties across the road), with contact information for a local person or organisation responsible for managing the property and responding to complaints. This information must be supplied when the accommodation starts and then yearly, or if requested by the Council.
6. Guests must be provided with clear instructions for: check-in procedures, building access, parking arrangements, any limits on the use of outdoor areas, restrictions on functions/events, information on rubbish/recycling, and any relevant hazards and safety information. These instructions must be provided before arrival and within the unit.
7. Guests must not hold functions or events from 10pm to 7am where the number of additional people is more than the number of paying guests.
8. The District Plan day and night noise limits must be complied with (Rule 6.1.5.2(external link)).
9. Maximum of 16 vehicle movements per day (a vehicle arriving and leaving the property is counted as 2 movements).
10. Individual bookings must be for less than 28 days each.
11. The accommodation can’t be in a family flat on the property.
12. Other general rules apply, including, but not limited to noise, signage and lighting.

Note - These requirements don't apply to residential units in the Accommodation and Community Facilities Overlay. 

If the accommodation will be provided in a new building or an extension or conversion of an existing building, the built form rules for the zone will also apply, along with additional rules for specific locations e.g. insulation requirements near arterial roads, railways and within the airport noise contours. Additional rules apply in some situations, e.g. properties near the Ruapuna Motorsport Park

A resource consent [DOCX, 228 KB] will be needed if any of these requirements are not met, so the Council can consider any environmental effects including impacts on neighbours such as noise, traffic movements, access etc.

A resource consent is required for all unhosted accommodations within the 50dB airport noise contour in the Residential Suburban, Residential Suburban Density Transition, and Residential New Neighbourhood zones.

Property owners will need to consult with the airport before lodging a resource consent application. Unless their written approval is obtained, applications will generally need to be limited notified to the airport to enable them to make a submission.

You can use the District Plan Property Search(external link) ('Other Notations' tab) to find out whether your property is within the contour.

Hosted visitor accommodation is permitted within most homes in rural zones if the following criteria are met:

1. A maximum of 8 guests at any one time, or four if the building is located in an area exposed to higher aircraft noise (50dB Ldn Air Noise Contour or Engine Testing Contour).
2. At least one permanent resident will be living there while guests are staying.
3. The Council must be notified in writing(external link) prior to commencement.
4. The owner must keep a record of the number of nights the house is used for hosted accommodation per year, starting from the date the Council was notified of commencement.
5. Individual bookings are for less than 28 days each.
6. The accommodation can’t be in a family flat on the property.
7. If the accommodation is located in the higher aircraft noise area, it must be within a building and can’t be in a vehicle, trailer, tent, marquee, container, caravan or boat.
8. Other general rules apply, including, but not limited to noise, signage and lighting.

If the accommodation will be provided in a new building or an extension or conversion of an existing building, the built form rules for the zone will also apply, along with insulation requirements for new building work within the airport noise contours.

A resource consent [DOCX, 227 KB] will be needed if any of these requirements are not met, so the Council can consider any environmental effects including impacts on neighbours such as noise, traffic movements, access etc.

Visitor accommodation that is accessory to the main farming activity on a property, such as farmstay, is permitted on most rural-zoned properties if the following criteria are met:

1. A maximum of 10 guests at any one time, or four if the building is located in an area exposed to higher aircraft noise.
2. At least one permanent resident of the same property or an adjoining property will be there while visitors are staying.
3. The accommodation must be in a house, minor residential unit, or other building.
4. If the accommodation is located in the aircraft noise area, it must not be within a vehicle, caravan or tent.
5. Other general rules apply, including, but not limited to noise, signage and lighting.

If the accommodation will be provided in a new building or an extension or conversion of an existing building, the built form rules for the zone will also apply, along with insulation requirements for new building work within the airport noise contours.

A resource consent [DOCX, 227 KB] will be needed if any of these requirements are not met.

Unhosted accommodation within a residential house is permitted on most rural-zoned properties if the following criteria are met:

1. A maximum of 8 guests at any one time, or 4 if the building is located in an area exposed to higher aircraft noise.

2. Maximum 180 nights per 12 month period, starting from the date the Council was notified of commencement.
3. The Council must be notified in writing(external link) prior to commencement.
4. The owner must keep records of the number of nights the house is used for unhosted accommodation and provide these to Council if requested.
5. The owners and occupiers of all adjoining properties, (including properties across the road), must be provided with contact information for a local person or organisation responsible for managing the property and responding to complaints. This information must be supplied when the accommodation starts and if requested by the Council.
6. Guests must be provided with information about finding the property, hazards, any areas unable to be accessed, stock, and rural activities in the area.
7. Individual bookings must be for less than 28 days each.
8. The accommodation can’t be in a family flat on the property.
9. If the accommodation is located in the higher aircraft noise area it must be within a building and can’t be in a vehicle, trailer, tent, marquee, container, caravan or boat.
10. Other general rules apply, including, but not limited to noise, signage and lighting.

If the accommodation will be provided in a new building or an extension or conversion of an existing building, the built form rules for the zone will also apply.

A resource consent [DOCX, 227 KB] will be needed if any of these requirements are not met, so the Council can consider any environmental effects including impacts on neighbours such as noise, traffic movements, access etc.

Hosted and unhosted visitor accommodation is permitted within most homes in commercial zones without any limit on guest numbers or nights, if the following criteria are met:

1. Town Centre Zone and Local Centre Zone: Bedrooms must be designed and constructed to achieve an external to internal noise reduction of at least 35 dB.
2. Neighbourhood Centre Zone: Outside the Central City bedrooms must be designed and constructed to achieve an external to internal noise reduction of at least 30 dB.
3. City Centre Zone: The accommodation must not be located at ground floor level within 10 metres of the road boundary.
4. Commercial Banks Peninsula Zone: In Akaroa, accommodation is permitted on Beach Road, between Rue Jolie and Bruce Terrace, where it must be located above ground floor level or to the rear of a commercial activity. In Lyttelton, rooms must be designed and constructed to achieve an external to internal noise reduction of at least 30 dB for bedrooms and 25 dB for other rooms. Visitor accommodation isn’t permitted within the Lyttelton Port Influences Overlay area on the planning maps.

In the Mixed Use zones (including Central City and South Frame) there are no specific requirements for home-based visitor accommodation.

In all zones, if the accommodation will be provided in a new building or an extension or conversion of an existing building, the built form rules for the zone will also apply.

A resource consent(external link) [DOCX, 227 KB] will be needed if any of these requirements are not met.

Building Act

There are requirements under the Building Act(external link) relating to changing the use of an existing building that may affect you, depending on your exact situation.

Most short-term accommodation permitted by the District Plan would not be considered a change of use, such as where a dwelling is only rented out to one group at a time. However it would be considered a change of use where rooms in a dwelling are rented out to different groups at the same time. It is best to discuss your situation with the Duty Building Consent Officer by emailing DutyBCO@ccc.govt.nz.

If your situation is considered a change of use, you may need to upgrade your building for fire safety, access and facilities for people with disabilities and structure and sanitary facilities to meet the Building Code.

The use of land and buildings in a manner that does not comply with either the District Plan or the Building Act 2004 may result in enforcement action by Council.

Rates

Changing the use of a property can also have an impact on your rates.

Insurance

As well as meeting Council requirements, if you are thinking about using a property to provide visitor accommodation we strongly encourage you to check with your insurance company regarding the change in use.