Airbnb owners face new consent hurdle despite earlier council advice

Summarised by Centrist

Christchurch apartment owners who say they were previously told short-term letting would not amount to a change of use have now been ordered to seek council approval or stop operating their property as an Airbnb.

Christchurch City Council asked MBIE to rule on a Gloucester Street unit that had been consented as a multi-unit residential dwelling but was later advertised for short-term accommodation.

The owners said they had approached the council before beginning the rental and were told the proposed use would not constitute a change of use. They intended to use the property partly as a holiday home.

The council later took the opposite view, issuing a notice to fix on the basis that the building had shifted from residential use to commercial accommodation without the approvals required under the Building Act.MBIE upheld that decision.

Determinations adviser Rebecca Mackie said the unit was no longer occupied as the “exclusive home or residence of a household” and was instead being used in a way that was “transient, rotational and commercial in character”.

That change can trigger additional Building Code obligations. MBIE specifically identified accessibility requirements as one example.

The ruling could have implications beyond the Christchurch property. Consultant Mike Blackburn said it was relevant to apartments elsewhere that are used predominantly as short-term accommodation, because councils may decide those properties have also changed use and require further compliance work.

Read more at RNZ

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