A common question relating to the development potential of a residential property is if the property can be used for commercial purposes.
Generally most District Plans allow commercial activities within residential zones to a certain extent, but they usually specify a maximum threshold (such as a maximum number of vehicle movements associated with the commercial activity or the maximum number of employees involved in the commercial activity that do not reside at the property) below which, the activity is permitted (i.e. resource consent is not required) and above which, the activity will require resource consent.
Below are two examples, from the Waitakere City and Auckland City District Plans that illustrate such thresholds for commercial activities:
Waitakere City District Plan:
The rules for the Living Environment of the Waitakere City District Plan provide for non-residential activities including commercial activities as permitted activities (meaning that they can be undertaken as of right – without resource consent) within residential zones where the following conditions are met:
- no more than five persons – at least one of whom resides on the site;
- the home occupation is carried out within an existing building;
- the home occupation does not involve traffic generation involving a heavy traffic vehicle exceeding two vehicle movements per week;
- except where goods are primarily ordered by mail or electronic transaction and redistributed by post or courier, any retail sales and retail services are confined to front sites with individual driveway access and are of goods produced on-site and the hours of operation are between 0700 and 1900 daily; and
- the home occupation, apart from the parking of one vehicle, is screened from the adjoining sites and the road.
Auckland City District Plan:
Generally the Auckland City District Plan does not provide for commercial activities within residential zones (which means that resource consent is required for the establishment of such). The only exception is when the commercial activity can met the definition of a home occupation activity as follows:
means the use of a site for an activity which is secondary and incidental to the use of the site for residential purposes, where:
- No more than one full-time equivalent person from outside the household is employed in the activity;
- No exterior display, other than a single sign that complies with the signs bylaw, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the household unit or the neighbourhoods shall occur;
- No objectionable noise, smoke, smell, effluent, vibration, dust or other noxiousness or danger, or significant increase in traffic, shall result from the operation of the home occupation activity; and
- No retail sales shall be made from the site other than:
- handicrafts produced on the site;
- fruit and/or vegetables or other natural products grown on the property.
So yes, generally you can use a residential property for limited commercial uses – but as conditions or standards will more than likely apply to these activiites it is best to find these out before starting any commercial activities. If you are not sure what conditions/standards apply to your property contact me and I will help you understand the restrictions to commercial activities on your property.
