Granny flats building consent exemption becomes law

The granny flats (small standalone dwelling) building consent exemption commences on 15 January 2026.

A new granny flat can now be built without a building consent if:

  • it is a single-storey, standalone dwelling
  • it is no bigger than 70 square metres
  • it has a simple design and meets the Building Code
  • all exemption conditions are met
  • the work is done or supervised by licensed building professionals (LBPs, plumbers, drainlayers, gasfitters, electrical workers), as it is restricted building work.

Homeowners must get a Project Information Memorandum (PIM) from their council before building work starts. When the build is finished, they must tell the council by providing documents like final plans, Records of Work, and certificates of compliance.

If homeowners are unsure whether their building work needs a building consent, they should contact their local council.

What the exemption means for LBPs

Licensed Building Practitioners (LBPs) have an important job. They will make sure granny flats built under the exemption meet quality and compliance standards.

Even if a building consent may not be needed, LBPs must:

  • follow the exemption criteria outlined in the legislation
  • complete and provide the Certificate of Work and Record of Work to the homeowner
  • provide the Record of Work to the Council
  • make sure that all building work meets the Building Code
  • communicate clearly with clients about what the exemption covers, and what it does not.

More information about what the granny flats exemption means for LBPs:

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

Upcoming changes: granny flats building consent exemption

Full guidance and templates for homeowners, builders, councils and designers is available on the Building Performance website:

Granny flats exemption: Guidance and resources(external link) — Building Performance

National Environment Standards in Effect

The granny flats building consent exemption operates alongside the Resource Management Act 1991.

From 15 January 2026, the National Environmental Standards for Detached Minor Residential Units (NES-DMRU) will also apply. These standards let you build a minor residential unit without a resource consent if you meet the permitted activity standards and criteria.

The NES-DMRU and the building consent exemption can operate independently.

National Environmental Standards for Detached Minor Residential Units (NES-DMRU)(external link) — Ministry for the Environment