Building a non-consented small standalone dwelling (Granny Flat)
From January 2026, some small standalone dwellings (also known as granny flats) can be built without a building consent, as long as they meet strict conditions under Schedule 1A of the Building Act.
What qualifies?
To use the building consent exemption, your granny flat must:
- be new, standalone and single-storey
- be 70m² or less (internal floor area)
- be set back at least 2 metres from boundaries and other dwellings
- meet specific design conditions - view the Granny flats exemption: Building design conditions checklist
- comply with the New Zealand Building Code
- be designed and built (or supervised) by Licensed Building Practitioners (LBPs)
Not all small buildings qualify (for example, converted garages, sleepouts, tiny houses on wheels, or anything over 70m²).
If any exemption conditions aren’t met, a building consent is required.
Your responsibilities as a homeowner
If you choose to use the exemption, you're legally responsible for compliance.
You must:
- apply for a Project Information Memorandum (PIM) from Council before building starts
- engage appropriately licensed building professionals
- ensure the work complies with the Building Code
- notify Council before construction and after completion
- provide final plans, Records of Work and Certificates of Work within 20 working days of completion
- pay any applicable development contributions.
Council does not inspect or issue a Code Compliance Certificate for exempt granny flats. Homeowners and building professionals are responsible for ensuring that the building work meets the requirements of the building code and all exemption criteria and conditions have been met.
Helpful MBIE resources
MBIE has step-by-step guidance and checklists to help you decide whether the exemption is right for you:
Before you get started
We strongly recommend:
- talking with a designer or Licensed Building Practitioner early
- applying for a PIM to understand site constraints (hazards, services, planning matters)
- checking with your bank and insurer about documentation they’ll require.
Development Contributions
Development Contributions ensure that growth, and the cost of infrastructure to meet that growth, is funded by those who cause the need for that infrastructure. Granny flats are assessed for Development Contributions during the PIM process.
Any Development Contribution must be paid within 20 working days of completing the building work. If a homeowner does not pay a development contribution when required, the council may recover the payment using existing mechanisms under the Local Government Act 2002.
More information about Council’s Development Contribution Policy can be found on our Development Contributions page.
Rates – SUIPs
Granny Flats are considered to be a SUIP (Separately Used or Inhabited Part) and may result in an increase in rates for the property. We recommend you contact our Rates team on 06 366 0999 to discuss the potential impact that the construction of a granny flat will have on your rates.
Resource consents
The building consent exemption is separate from planning rules.
Some granny flats may also qualify as a permitted activity under the National Environmental Standards for Detached Minor Residential Units (NES-DMRU) - but depending on your site, you may still need a resource consent.
More information about the National Environmental Standards for Detached Minor Residential Units (NES-DMRU) can be found below.
Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025 (SL 2025/315) Contents – New Zealand Legislation
Updating National Direction - New National Environmental Standards for Detached Minor Residential Units
Resource consent requirements are identified in the PIM. Resource consents need to be applied for through a separate process - view our Apply for a Resource Consent page.
When building work is complete
You'll need to submit the following documentation to Council about the building within 20 working days of completion:
- final design plans for the building
- Records of Work (RoW) from licensed building practitioners who carried out or supervised restricted building work
- Certificates of Work (CoW) from designers for any restricted design work
- energy work certificates, including electrical safety certificates and gas safety certificates (if applicable)
- Records of Work (RoW) from a registered plumber and drainlayer
Development contributions must also be paid within this timeframe.
Granny flats exemption: Completion checklist
The completion of the building work must also be completed within two years of the PIM being issued otherwise the PIM will lapse and the exemption no longer applies. You can apply to Council for an extension to this timeframe.
The submission of the completion documentation within 20 working days of completion of the work is a condition of the exemption. Failure to submit the documentation within the required 2 year timeframe could result in a Notice to Fix or other enforcement action. If the granny flat is not completed and the PIM lapses, the granny flats exemption no longer applies.
Documentation can be submitted through the Simpli portal. Applications to extend the timeframe to complete work can also be applied for through the Simpli portal.