Building requirements and conditions for granny flats – What LBPs need to know

A checklist of requirements and conditions that must be met when using the granny flat building consent exemption is available on the Building Performance website.

Building consent exemption conditions for granny flats(external link) — Building Performance

Key points for LBPs

• Licensed professionals only. All building work must be carried out or supervised by licensed professionals: LBPs, licensed plumbers, drainlayers, gasfitters, and electrical workers.
• Records of Work (RoW). LBPs must provide a RoW for any restricted building work they carry out or supervise. This must be submitted to both the homeowner and the council.
• Homeowner responsibilities. Upon completion, homeowners must submit all relevant records and certificates to the council to confirm the work was completed by appropriately licensed professionals and complies with the Building Code.

Building requirements

The granny flat must:

• be new and standalone
• be single storey with no mezzanine floor
• may include an internal garage
• be classified as Housing – detached dwelling under Clause A1 of the Building Code, meaning:
  • it must comply with all applicable Building Code requirements
  • it must be intended for a single household or family.

A1 classified uses(external link) — Building Performance

LBP roles and responsibilities

Granny flats involve restricted building work (RBW), which must be:

• carried out or supervised by an LBP
• designed by or under the supervision of a design LBP.

LBPs must:

• ensure all work complies with the Building Code, regardless of whether a building consent is required
• use compliant building products and methods
• be licensed in the appropriate class and follow the Building Act when undertaking RBW.

On-site responsibilities

During construction, LBPs must:

• begin work only after a Project Information Memorandum (PIM) is issued by the council
• follow approved plans and specifications
• supervise unlicensed workers to ensure compliance and quality
• collaborate with homeowners and designers to manage on-site changes and ensure final plans reflect the completed build
• provide a RoW to both the homeowner and the council using the prescribed form

Design responsibilities for LBP designers

When using the granny flat exemption, LBP designers must:

• provide preliminary design plans for the homeowner to submit with the PIM application
• provide final design plans to the homeowner for submission to the council within 20 working days of project completion
• provide a Certificate of Work (CoW) for the design of any RBW
• coordinate with other professionals and advise homeowners to ensure the design is buildable and compliant
• consider site-specific constraints such as natural hazards, local bylaws, and district or regional plan requirements.

Under the exemption, “plans” include both preliminary and final design documents. Even without a building consent, the design must meet all relevant Building Code performance requirements.