Not automatically. A resource consent that has already been granted keeps its conditions until the consent holder applies to change them. But if you hold a residential consent that is not yet built, some of those conditions may relate to matters that councils are now required to disregard, and that may be an opportunity to remove or relax them.
This article explains what the amendments cover, which consents are most likely to benefit, and what a change under section 127 of the RMA can and cannot do.
What the amendments cover
The Planning Act 2026 and the Natural Environment Act 2026 will replace the Resource Management Act after a transition period. In the meantime, the Planning Act amends the RMA itself. From 30 October 2026, when a council considers the effects of a land use activity, new section 104(1A) of the RMA requires it to disregard a set of residential matters it has routinely assessed and often attached conditions to:
- The area of glazing
- Whether there are balconies
- Outdoor living space
- Internal layout
- The size of a residential unit
- The size of landscaped areas (except for permeability)
The one exception is where historic heritage is being protected: councils can still consider these matters for that purpose.
Councils can also, at their discretion, give a written notice under new section 104AA treating an activity as permitted, with no consent needed, where the only rules or standards it breaches relate to those matters. The notice lapses if it is not given effect to within five years.
Why this matters if you already hold a consent
Many consents granted in the last few years carry conditions on exactly these things: a minimum balcony depth, a required area of landscaping, outdoor living space for each unit, glazing to particular rooms. Each of those conditions has a build cost.
If your consent was granted before 30 October 2026, those conditions are still part of it: nothing in the amendments removes them automatically. But now that the amendments apply, some of them may no longer be justified. Whether a particular condition can be changed depends on why it was imposed, what else it does, and how it fits with the rest of the consent.
Which consents are the best candidates?
- Residential land use consents that are granted but not yet built, or only part built
- Recent medium-density and multi-unit developments
- Consents with conditions on balconies, glazing, outdoor living, unit size or landscaping
- Sites in the Wellington region: the Hutt Valley, Wellington, Porirua and Kāpiti
If the development is already built, the opportunity is usually much smaller, because the cost has already been spent.
What a section 127 change can and cannot do
Section 127 of the RMA lets a consent holder apply to change or cancel the conditions of their consent. It is a narrower process than a new consent. It can adjust how a development is built, for example removing a balcony requirement, but it cannot turn the consent into a different development.
That matters for yield. If a review shows an opportunity to fit more units on a site, that larger change may still need a new consent rather than a condition change. Some consents will not benefit at all, and it is better to know that before spending money on an application.
A permitted activity notice may be simpler
A section 104AA notice does not change the conditions of a consent you already hold. But if you are redesigning, and the new design would only need consent because of the matters councils must now disregard, a notice treating it as permitted may be a quicker and cheaper route than a new consent. It is at the council's discretion. Which route fits depends on the consent and on what you want to build.
How to find out where you stand
Start with three documents: the consent decision, the conditions, and the approved plans. Read the conditions with the list above in mind and note any that deal with glazing, balconies, outdoor living, internal layout, unit size or landscaping.
If you would like a second pair of eyes, our RMA Reset Review is a fixed-fee desktop review of your consent against the amended RMA. You get a short memo setting out what may change, where there may be cost savings, and the recommended pathway. Where it stacks up, we can prepare and lodge the section 127 application or permitted activity request for you.
Email [email protected] with your consent number to book a review.