Granny Flats (small, self-contained, stand-alone dwellings)
The New Zealand Government is introducing a number of significant changes effective 15 January 2026 to make it easier for homeowners to build small, self-contained stand-alone dwellings, commonly known as “granny flats”.
Council will be releasing further information early in the New Year including access to the application process and relevant forms to assist you in submitting your application.
The following is a guide to the proposed changes
The proposed changes will allow units up to 70 square metres to be built without a building consent in many residential and rural areas.
Tip: Before commencing any building work, please check that the new legislation is in force and 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.
Applications
Effective 15 January 2026, you will be required apply for an Exemption Project Information Memorandum (PIM) before commencing any building work by completing an application Form 2AA (this will be published and made available in the new year).
Council will issue a PIM within 10 working days of receiving a complete application.
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. attaching an additional information form to accompany the issued PIM (Forms 2AAC and 2AAB 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
d. providing relevant site information in the PIM, including planning rules, natural hazards, heritage status, infrastructure availability, and applicable bylaws
e. issuing a PIM (Forms 2AAB and 2AAC of the Building (Forms) Regulations 2004) for a granny flat within 10 working days of receiving a complete application
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)
b. obtaining a PIM (Forms 2AAB and 2AAC of the Building (Forms) Regulations 2004) from the council before starting any building work
c. ensuring all exemption conditions are met and that the building work complies with the Building Code
d. ensuring licensed building professionals are used for all restricted building work
e. submitting all required documentation to council within 20 working days of building work completion
f. paying any development contributions as notified
g. applying for a building consent if the exemption conditions are not met
h. non-compliance may result in enforcement action, fines or prosecution.
Completion of work
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.
Conditions for an exemption from a building consent
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.
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
- o 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)
Current legislation
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.
Initial council notification
(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.
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. (*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)
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.
Development contributions
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.
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) 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.
Proposed sequence of events
- Homeowner engages designers, builders, developments, insurers and lenders etc.
- Homeowner applies for Exemption PIM with Council.
- Council issues PIM, any additional information and or development contribution notice.
- Final designs completed.
- Building work commences (and must be completed within two (2) years from the date the PIM was issued).
- Records of work, certificates of compliance (CoC), and or safety certificates must be provided to the homeowner.
- 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 70 m²) 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.
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.


