Granny Flats (small, self-contained, stand-alone dwellings)

Granny Flats (small, self-contained, stand-alone dwellings)

The New Zealand Government has introduced changes to make it easier for homeowners to build small, self-contained stand-alone dwellings, commonly known as “granny flats”.

Under these changes, units up to 70m²) may be built without a building consent in many residential and rural areas. These changes are effective 15 January 2026 and are designed to increase housing choice and flexibility for homeowners.

Tip: Before commencing any building work, please check that your project meets all exemption criteria. One key requirement is that no building work has started before the exemption takes effect.

You must apply for an Exemption Project Information Memorandum (PIM) before commencing any building work.

Application process (temporary)

Effective 15 January 2026, you will be required to apply for an Exemption Project Information Memorandum (PIM) before commencing any building work.

Our building consent software provider (Objective Build) is currently upgrading the online system to support applications for the new granny flat exemptions. You will be able to access Objective Build from the effective date in order to apply for a new granny flat exemption, and full functionality of the system is planned to be available later in March 2026.

You need to apply online to take full advantage of Council’s online application system, Objective Build. It will provide visibility on the status of the exemption application as well as the ability to track the building exemption through to completion.

Objective Build

If you are new to Objective Build, you can view a number of tutorials to show you how to access and use the application system online, before you commence this process.

Once you have set up your Objective Build account and have access to the system, you can apply online by clicking on “New application” and selecting “Small Standalone Dwelling (PIM) – Form 2AA” application.

Objective Build

Manual application

If an online application is not possible, we are able to accept manual, paper-based applications if necessary, however we advise this is not our recommended option. A manual application must include the following:

1.     A completed Form 2AA (Application for PIM for non-consented small standalone dwelling)

2.     A complete set of preliminary design plans for the proposed building work (which must include site plans, elevations, and basic sections and may also include floor plans.

3.     Any applicable product certificate(s).

Paper applications can be received by email to buildingcompliance@kaipara.govt.nz or delivery to our office located at Unit 6, 6 Molesworth Drive, Mangawhai 0505. Once received, we will convert your application into digital form for online processing and tracking, and you will receive a link to your application.

Processing you application

On receipt of your application, the territorial authority will assess the application to ensure all required conditions of the exemption have been met. If further information is required to meet the exemption conditions, the time clock will be paused until the required information has been received.

Please note: This is not a technical assessment but merely a check to ensure all necessary information has been included.

Council will issue a PIM within 10 working days of receiving a complete application. 

Homeowners should carefully review the information provided to them and seek further guidance if needed.

The PIM provides important site-specific information and advice, but it is not an approval. Homeowners may choose to proceed with building work even if the council advises that the proposed granny flat is unlikely to comply with the granny flats exemption requirements.

Tip: Before proceeding with building work, homeowners must ensure they have understood the PIM, updated the proposal to meet all requirements and are confident it complies with the law because responsibility for any non-compliance rests with the homeowner.

Associated Costs

As a result of the short timeframe to introduce these changes to the new Exemption Project Information Memorandum (PIM), fees and charges will consist of the cost of a PIM plus additional administration costs.

Council’s Role and Responsibilities

Council will be responsible for:

a.     receiving project information memorandum (PIM) applications (Form 2AA of the Building (Forms) Regulations 2004)
b.     checking the preliminary design plans and description of the proposed building work to see if, based on the information supplied, the following characteristics in clause 1 of Schedule 1A (the exemption criteria) appear to be met:

  • the building is standalone (not attached to another building)
  • the building is wholly new (not an addition or alteration)
  • the floor area is 70 square metres or less
  • the building is single storey only

c.     issuing a PIM (Form 2AAB of the Building (Forms) Regulations 2004) for a granny flat within 10 working days of receiving a complete application
d.     providing relevant site information in the PIM, including planning rules, natural hazards, heritage status, infrastructure availability, and applicable bylaws
e.     attaching an additional information form to accompany the issued PIM (Form 2AAC of the Building (Forms) Regulations 2004) stating, based solely on the information provided in the application, whether the proposed building work is:

  • likely to satisfy the characteristics in clause 1 of Schedule 1A
  • unlikely to satisfy those characteristics, or
  • unclear whether it satisfies those characteristics

f.      issuing development contribution notices if applicable, stating payment is due within 20 working days of the completion of building work
g.     receiving and storing Records of Work from Licensed Building Practitioner(s)
h.     receiving and storing required documentation from homeowners after completion (final plans, Records of Work, Certificates of Work, energy work certificates)
i.      including this information in the property file and Land Information Memorandum (LIM)
j.      considering and processing requests for PIM extensions if a homeowner believes their build will not be completed within two years of the PIM being issued
k.     issuing a Notice to Fix if the building is unsafe or non-compliant.

Council’s Role is not Responsible for:

a.      approving eligibility for the exemption
b.      inspecting, monitoring or approving building work under the granny flats exemption
c.      checking compliance of the building work with the Building Code
d.      assessing documentation for compliance (records will be stored and not reviewed)
e.      verifying, inspecting, or guaranteeing compliance with the exemption criteria (responsibility for compliance remains with the homeowner).

Councils hold good faith liability protection for information provided in PIMs and for storing records.

Details of Homeowner responsibilities:

Homeowners are responsible for:

a.     applying for a PIM (Form 2AA of the Building (Forms) Regulations 2004), obtaining a PIM (Forms 2AAB and 2AAC of the Building (Forms) Regulations 2004) from the council before starting any building work
b.     ensuring all exemption conditions are met and that the building work complies with the Building Code
c.     ensuring licensed building professionals are used for all restricted building work
d.     submitting all required documentation to council within 20 working days of building work completion
e.     paying any development contributions as notified
f.      applying for a building consent if the exemption conditions are not met
g.     non-compliance may result in enforcement action, fines or prosecution.

Completion of work

Upon completion, the homeowner will need to provide Council with:

  • A set of final plans (building and plumbing/drainage) showing any changes made during construction.
  • Certificate of Work (CoW) for any restricted design work
  • Records of Work (RoW) from Licensed Building Practitioners (LBPs)
  • Records of Work (RoW) from registered plumbers and drainlayers
  • Electrical safety certificate
  • Gas safety certificate (if applicable)
  • Energy work certificates (if applicable)

This documentation process is administrative only and should be completed within 2 years of the PIM being issued.

Council cannot review the built work to determine Building Code compliance. However, councils retain their usual powers to address any non-compliant or unsafe building work.

The following links are to forms to be used by licensed building practitioners (LBPs) confirming the completion of building work. As the homeowner, you will be responsible for ensuring you receive copies of these documents, which in turn must be forwarded to Council for its records.

Conditions for an exemption from a building consent

The granny flat design must meet all exemption criteria in order to fulfil the requirements of a building consent exemption. The following are useful links to MBIE guidance including helpful checklists to assist you:

Step-by-step guides 

Checklists

Fact sheets

Consistent key messages

Construction Materials and Amenities

Construction Materials

  • The building's roof must be designed and built using lightweight building products for the roof with a maximum weight of 20 kilograms per square metre.
  • The frame must be built using light steel or light timber.
  • Wall cladding must have a weight not exceeding 220 kilograms per square metre

Construction Amenities

  • Plumbing and drainage systems must connect to Network Utility Operator (NUO) systems where available.
  • Where no NUO system exists, or the NUO confirms insufficient capacity to connect, onsite water systems can be used. These can be existing onsite systems or new onsite systems, both of which can be modified or built without a building consent.
  • Sanitary plumbing and drain laying for consent-exempt granny flats must be designed and built in accordance with the following acceptable solutions for compliance with clauses E1, G12, and G13 of the Building Code:
    • E1/AS1, E1/AS2 or E1/VM1 for its surface water system G12/AS1 or G12/AS3 for its water supply system, and
    • both G13/AS1 and G13/AS2 or G13/AS3 for its foul water drainage system.
  • They must also meet specific criteria: 
    • maximum 30 fixture units
    • no pumped systems inside the building
    • main drain ≥ DN100 at 1:60 grade
    • branch drains ≥ DN65 at 1:40 grade
    • upstream vents ≥ DN65
    • no uncontrolled water heating.
  • Where NUO systems are not available, and the dwelling’s water supply, wastewater or stormwater systems are on-site systems, these systems must be designed and built in accordance with:
    • E1/AS1, E1/AS2 or E1/VM1 for its surface water system; and
    • G12/AS1 or G12/AS3 for its water supply system; and
    • G13/AS1, G13/AS2, G13/AS3 or G13/VM4 for its foul water drainage system.
  • The building must have:
    • independent points of supply for electricity and gas (where applicable), and
    • electric or gas heaters, where heaters are installed.
  • Level-entry showers will be permitted only once a relevant licence class has been established for Licensed Building Practitioners (LBPs)

Extension of time

Once a PIM has been issued by the council, building work on the granny flat can begin. Throughout the course of the build the homeowner must monitor progress and ensure that the two-year timeframe for completion will be met.

Councils do not carry out inspections of granny flats. Homeowners have two years from the date the PIM is issued to complete the build.

If the build is not completed within this timeframe, the PIM will lapse, and the granny flats exemption no longer applies.

To obtain an extension to the PIM timeframe:

a.     homeowners should contact their council well before the two-year anniversary of the PIM issue date
b.     the request must be made while the original PIM is still valid
c.     Council may agree to extend the timeframe if it is satisfied that the build is progressing and the exemption conditions continue to be met.

Council is not required to monitor progress or remind the homeowner of the deadline. It is the homeowner’s responsibility to track progress and act early if delays arise.

Council may agree to extend the timeframe and may charge a fee for this.

If the PIM lapses before the granny flat is complete, the homeowner may need to apply for a certificate of acceptance (CoA) and/or building consent to obtain regulatory approval of the work.

If council refuses to extend the PIM timeframe and the homeowner disagrees with this, the homeowner may apply to MBIE for a determination under section 177 of the Building Act.

Applying for a determination has more information.

Initial council notification

Building owners must notify Council of their intention to build by applying for an Exemption PIM before any building work starts.

Council will review the proposal and advise whether the building work is likely, unlikely, or uncertain to meet the exemption conditions. If homeowners choose to proceed irrespective of Council’s advice; they do so at their own risk.

Council will not review the submitted plans for compliance with the Building Code.

Certain site conditions, (for example: natural hazards), may result in an applicant being required to progress with a full building consent process.

Other conditions

  • Homeowners must notify Council before construction by applying for an Exemption Project Information Memorandum (PIM).
  • Homeowners must notify Council after completion of the build and submit all required documentation within 2 years of the PIM being issued.
  • All building and design work must be carried out or supervised by licensed building professionals *(refer to note below).
  • Licensed building practitioners (LBPs) will be required to provide the owner with updated Records of Work for all Restricted Building Work (RBW) and final design. This includes all certificates of compliance and safety certificates from electricians and or gasfitters.
  • Regional Council requirements will also apply to any onsite effluent treatment systems in relation to Granny Flats.

*Note: The owner Builder exemption from the LBP requirements for restricted building work does not apply to exempt work. Only building work carried out under a Building Consent qualifies for the owner builder exemption set out in section 90D of the Building Act 2004. An owner builder cannot apply for an owner builder exemption to build a Small Stand-alone Dwelling as this is outside the scope of the exemption.

National Environmental Standards (NES)

The Government has finalised the NES, effective 15 January 2026 and is available through the following link.

Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025

  • NES applies to residential, rural, mixed-use and Māori-purpose zones, where specified permitted activity standards are met.
  • One minor residential unit per site, with common ownership to the main dwelling on the same site.
  • 50% maximum building coverage in residential, mixed-use and Māori-purpose zones.
  • No maximum building coverage in rural zones.
  • Minimum front and side boundary setbacks of 2 metres in residential zones.
  • Minimum front boundary setback of 10 metres, and side and rear boundaries of 5 metres in rural zones.
  • 2 metre setbacks from the main residential dwelling.

Development contributions

Please note that development contributions may still apply. Please contact a Technical Support Officer at buildingsupport@kaipara.govt.nz to confirm if a development contribution may apply to your project.

Building consent exemption and the RMA

Although the intention of the legislation is designed to remove the need for a resource consent, the changes to the National Environmental Standards (NES) may affect your proposed building where the proposal may meet the building-consent exemption criteria but still require a resource consent under the Resource Management Act.

We strongly recommend that you contact one of our Council Duty Planners to discuss your proposal before proceeding at rmaconsents@kaipara.govt.nz 

Sequence of events

  1. Homeowner engages designers, builders, developments, insurers and lenders etc.
  2. Homeowner applies for Exemption PIM with Council.
  3. Council issues PIM, any additional information and or development contribution notice.
  4. Final designs completed.
  5. Building work commences (and must be completed within two (2) years from the date the PIM was issued).
  6. Records of work, certificates of compliance (CoC), and or safety certificates must be provided to the homeowner.
  7. Homeowner provides all records of work, CoCs and final designs to Council, and pays any development owing.

In Summary

  • Small, self-contained dwellings, also known as “granny flats”, (up to 70m²) can be built without a building consent if they meet specific criteria and are constructed or supervised by licensed building professionals.
  • Homeowners must notify Council before starting and after completing build work.
  • The dwelling must still comply with the Building Code in all respects.
  • A resource consent or development contribution may still be required depending on site location and district-plan rules. We strongly recommend speaking with one of our Kaipara District Council Duty Planners to confirm requirements for your property before starting your building project.

If a homeowner chooses to the use the exemption over the normal building consent process, it will also be important to understand the consumer protection provisions under the Building Act. This is because homeowners are responsible for compliance with the conditions of the exemption. They and their tradespeople are liable for fixing any issues with the building work.

For further information, please refer to the following MBIE links:

Disclaimer:  Please note that the above guidance is based on information available at the time it was written. Information has been taken from MBIE media releases, website content, and official council notifications. The guidance is not intended to replace central government legislation. The content of this guidance is likely to become outdated as new information is officially released from Central Government and/or MBIE.