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

Although the intention of the legislation is designed to remove the need for a resource consent, the changes to the National Environmental Standards (NES) have not yet been finalised. A draft of the proposed NES changes is expected by the end of 2025.

For this reason, your proposed building 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.

Please note that development contributions may still apply.  Please speak with a Duty Planner to confirm if a development contribution may apply to your project.

The following conditions have been proposed for building exemption., however these requirements may vary once the legislation takes effect:

• the building must be new and standalone
• the building design must be simple and must comply with the New Zealand Building Code
• the building must be single storey and cannot include a mezzanine floor
• the building must be classified as Housing – Detached Dwelling (as defined by Clause A1 of the Building Code)
• the net floor area must be no greater than 70 square metres
• the floor level must be no more than 1 metre above ground level
• the maximum height of the building must be 4 metres above the floor level
• the building must be at least 2 metres from any other structure or legal boundary
• the building cannot be built across boundaries between allotments
• plumbing and drainage work must be simple and designed in accordance with the Acceptable Solutions for the relevant Building Code clauses
• interconnected smoke alarms must be installed throughout
• independent points of supply for electricity and gas (where applicable) are required
• level-entry showers are permitted only once a relevant licence class has been established, and
• buildings designed and built under an approved MultiProof or BuiltReady scheme will automatically comply with some exemption 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. (*please 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.

Proposed National Environmental Standards (NES)

• NES is to apply 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.

*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.

(Application for an Exemption Project Information Memorandum)

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.

Upon completion, the owner must provide Council with:

• set of final plans (building and plumbing/drainage) showing any changes made during construction.
• records of work and certification of services (plumbing, drainage, gas and electrical).

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.

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.

Until such time as the proposed legislation changes become effective in early 2026 (actual date is still to be confirmed) a building consent is still needed for self-contained, detached buildings larger than 30sqm.

Therefore, if you are looking to construct a building up to 30sqm in size, there are still rules that you need to follow, which can be found in Schedule 1 of the Building Act 2004.

Below are some things to note:

• The largest you can go is 30sqm
• It must be its own height off the boundary and any other building
• It must be associated with a main dwelling
• It can’t have its own plumbing or drainage
• There are also rules in the District Plan that you may need to consider. Please contact our Resource Consents team to discuss if these might be relevant to you.