MDRS - new housing rules - Auckland intensifies

Auckland Council has introduced a plan change (Plan Change 78) that incorporates the new Medium Density Residential Standards (MDRS), as required by the RMA Amendment Act 2022 (New Housing Supply Standards). The purpose of the RMA Amendment Act is to rapidly accelerate the supply of housing and help to address some of the issues with housing choice and affordability.

Over much of Auckland’s residential urban area, and subject to meeting the new standards, the new housing rules now enable 3 storeys and 3 dwellings per site as of right.

The new standards are:

Dwellings Permitted: 3

Building Height: 11m + 1m for pitched roof

Height in Relation to Boundary: 4m + 60⁰

Yards: Front - 1.5m, Side/Rear 1m, (yards adjoining water bodies are greater)

Building Coverage: 50%

Landscaped Area: 20%

Impervious Coverage: N/A (does not change)

Outdoor Living Space: 20m² with a dimension of 3m ground floor 8m² + 1.8m upper floors

Outlook: Principal Living Room 4m x 4m, Other Habitable rooms 1m x 1m

Glazing to Street: 20%

If the MDRS are not met, or more than 3 units are proposed, then a resource consent is required and the old (i.e. pre-plan change) standards still apply.

The plan change also enables buildings of six storeys or more within walking distances (walkable catchments) from major town centres and public transport nodes.

The new rules substantially change development possibilities over much of the urban part of Auckland, including most areas that have been zoned Single House Zone. However they do not apply everywhere. For instance, they do not apply in rural villages and towns with a population of less than 5,000 people, or on sites zoned Large Lot. “Qualifying Matters” also apply in other circumstances, such as where there are natural hazards, infrastructure constraints or areas of bush or other ecological significance. Where areas are subject to a precinct or other overlay, such as viewshafts, those overlays continue to apply.

Most residential properties will be in one of the following three zones:

1. Terrace Housing and Apartment Buildings Zone (“THAB” Zone - buildings of six storeys or more)
2. Mixed Housing Urban Zone (“MHU” Zone – now the most extensive zone, allowing three units of up to three storeys high)
3. Low Density Residential Zone (“LDR” Zone where qualifying matters apply, limited to two storeys)

The Auckland Council website has a zone map viewer that shows the new zonings which you can view at this link Click to View Zone Map

The plan change needs to follow a submissions process before the plan change becomes operative. Parts of the plan change, such as where qualifying matters apply, may change when final decisions are made in 2024. Submissions are open until 29 September 2022.

Pending the final decisions made, the MDRS have immediate legal effect and can now be used to design and develop under the new standards. Resource consents are still required for subdivision and any non-compliance with standards such as earthworks, and public infrastructure such as stormwater and wastewater must be available to connect to. The need for building consents is also unchanged.

Cato Bolam can advise on the plan change, what requirements will continue to apply, and also on how the new standards are relevant to development exceeding 3 units.