The “1 metre rule” is one of the most misunderstood building rules in New Zealand. MBIE Determination 2024/013 involved an existing building just 900mm from a legal boundary — and confirms that being within 1 metre does not, by itself, make a building unlawful.
A common assumption is that any garage, shed, sleepout or other detached building must be at least 1 metre from a property boundary.
That is not a blanket rule.
The 1 metre distance matters in some situations, particularly for building-consent exemptions and fire-safety requirements, but a building does not automatically become unlawful simply because it sits closer than 1 metre to the boundary.
MBIE Determination 2024/013 is a useful example.
The property contained an existing detached workshop built in approximately 1987.
It sat about 900mm from the legal boundary.
The owner proposed converting it into habitable accommodation containing:
The local council considered the proposal to be a statutory change of use from an intermittently occupied building to sleeping accommodation.
MBIE disagreed.
MBIE concluded that the existing workshop was already properly classified as SH – Sleeping Single Home because it was an accessory residential structure associated with the dwelling and its occupants.
The proposed sleepout would also fall within SH.
So:
SH → SH = no statutory change of use.
MBIE concluded:
“The existing building has a use categorisation of SH under the Regulations and therefore, the proposed building work is not a change of use.”
Importantly, the fact that the building was only 900mm from the boundary did not prevent it from falling within the SH residential use category.
The building’s boundary distance and its use classification were separate issues.
One reason is the Schedule 1 building-consent exemptions under the Building Act.
Some detached buildings can be built without building consent, provided all of the requirements of the relevant exemption are met.
For many detached buildings between 10m² and 30m², one of those requirements is that the building must not be closer than 1 metre to a legal boundary or another residential building.
If that requirement is not met, the exemption may not be available.
That does not necessarily mean the building itself is prohibited.
It may simply mean that building consent is required.
That distinction is important:
“This work is not exempt from consent” is not the same as “this building is unlawful.”
There are different rules for very small detached buildings.
MBIE’s own guidance includes an example of a 9m² sleepout located on a property boundary that can qualify for a building-consent exemption, provided the other requirements are met.
That alone shows why the statement:
“Every building must be at least 1 metre from the boundary”
is not correct.
The 1 metre distance also matters because of fire spread and protection of neighbouring property.
Current Building Code compliance pathways contain specific requirements for external walls close to legal boundaries.
For example, an unsprinklered SH building may require a 30/30/30 fire resistance rating to an external wall where the relevant boundary-distance and wall-angle criteria are met.
So the correct position is not that boundary distance is irrelevant.
It can be very important.
But it is a compliance issue, not a blanket prohibition on having a building within 1 metre of the boundary.
No.
This is an important limitation of Determination 2024/013.
MBIE did not decide that the proposed building complied with every applicable part of the Building Code.
Its decision was narrower: the proposed conversion was not a statutory change of use.
The work therefore needed to be considered as an alteration to an existing building under section 112 of the Building Act, rather than as a change of use under section 115.
Section 112 deals with alterations to existing buildings.
It does not generally require every untouched part of an older building to be upgraded to every standard that would apply if the building were constructed new today.
However, new building work must still comply with the Building Code under section 17.
That distinction can be important for older garages, workshops and sleepouts that were lawfully constructed under earlier standards.
This issue comes up often with older residential properties.
It is common to find a garage, workshop, shed or sleepout that:
The fact that it is within 1 metre of the boundary does not automatically mean it is unlawful.
Instead, the relevant questions are usually:
MBIE Determination 2024/013 involved an existing workshop just 900mm from a legal boundary.
The owner proposed converting it into sleeping accommodation, and MBIE determined that this did not amount to a statutory change of use.
The determination does not mean that every building within 1 metre of a boundary is automatically compliant.
But it does reinforce an important point:
There is no blanket rule under the Building Act that every building must be at least 1 metre from a property boundary.
The 1 metre distance can affect:
But being within 1 metre of the boundary does not, by itself, make a building unlawful.
Each property needs to be assessed on its own circumstances.
This article provides general information only and should not be relied upon as legal, building or planning advice. The circumstances of individual properties vary and appropriate professional advice should be obtained where required.
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