What are the new rules?
Rule changes mean you can build a granny flat (small stand-alone dwelling) of up to 70 m² without a building or resource consent, as long as all exemption requirements are met.
This change comes from the Building and Construction (Small Stand-alone Dwellings) Amendment Bill, commonly known as the granny flat exemption.
The exemption is designed to:
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increase the supply of affordable housing
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provide more housing choices
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ensure granny flats remain safe, healthy, and durable
Do I still need to involve Council?
YES.
Even when consent is not required, you must:
- Apply for a Project Information Memorandum (PIM) before starting work
- Notify Council before construction starts and after it is completed
👉 We strongly recommend talking to Council first — it’s free.
Do I need building consent?
NO - If your project meets all exemption requirements.
Do I need resource consent?
NO - If your project meets the exemption requirements and complies with the National Environmental Standards for Detached Minor Residential Units (NES-DMRU). (Link to full legislative standards in Helpful Resources below)
⚠️ This depends on your site. Some projects may:
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need resource consent but not building consent, or
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need building consent but not resource consent, or
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need both
Why are there still Council costs if no consent is needed?
Council may still charge for:
- PIM processing
- water, wastewater, and stormwater connections
- development contributions (if applicable)
These charges reflect the actual cost of providing these services and will be identified through the PIM process.
How do I know the building meets the Building Code?
All work must:
- comply with the New Zealand Building Code
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be carried out or supervised by licensed building professionals
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include documentation confirming compliance
If you’ve found a building online, your builder and designer must still confirm it complies with the Code.
How do I check if my builder is qualified?
You can search for licensed building practitioners at:
👉 www.lbp.govt.nz
Key exemption requirements (all must be met)
The granny flat or new property must:
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be stand-alone and fully detached
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be entirely new (not an alteration or addition)
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be 70 m² or less
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be single-storey only
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have a maximum height of 4 m
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have a floor level no more than 1 m above ground
- not include a mezzanine
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use lightweight framing (timber or steel)
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use lightweight roofing materials
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be at least 2 m from the main dwelling and any other residential building
- not include a level-entry shower requiring a waterproof membrane
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connect to Council or CCO water, wastewater, and drainage systems
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comply fully with the New Zealand Building Code
Site and zoning standard
Residential zones
- maximum 50% building coverage
- minimum 2 m front, side, and rear setbacks
- Note: A side yard of 1.5 m is permitted if District Plan Height-to-Boundary standards are met
Rural zones
- minimum 10 m front setback
- 5 m side and rear setbacks
Urban Settlement Zone
- minimium 2 m front and rear setbacks
- Note: A side yard of 1 m is permitted if District Plan Height Provisions are met
What is required before building starts?
Before work begins, homeowners must apply for a PIM and provide:
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site plan
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elevations
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basic sections and floor plan
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product certificates (if available)
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stormwater and wastewater information
All work must be completed within 2 years of the PIM being issued, unless Council approves an extension.
What is required after construction?
Within 20 working days of completion, homeowners must provide:
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final architectural plans
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sanitary plumbing and drainlaying plans
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details of any changes made during construction
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Certificates of Work
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electrical and gas certificates of compliance
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Records of Work
Any development contributions (if applicable) must also be paid within this timeframe.
