New Granny Flat Rules (2026):
Can you build without consent?
Thinking about adding a
granny flat to your property?
As of 15 January 2026, new rules mean you may be able to build a small second home, up to 70m2, without needing a building or resource consent.
That can mean faster builds, fewer delays, and lower costs. But not every site qualifies, and not every rule disappears.
This guide explains:
01.
What the new 70m² exemption allows
02.
When you still need consents (and why)
03.
How to check if your site is eligible
If you’re planning for family, future income, or smarter land use, you’re in the right place.
What the 70m2 granny flat exemption actually means
What’s easier now:
You can now build a standalone, self-contained home up to 70m² without needing a building consent.
That means a simpler, faster, and more cost-effective build, because:
- You won’t wait on building or resource consent to start
- No council inspections are required during the build
- You could save an average of $5,650 in consent fees
What still matters:
Instead of a Building Consent, you will need to apply for a PIM before building.
- The build must still fully comply with the New Zealand Building Code
- Licensed building professionals must carry out or supervise all work
- After the build, you’ll need to submit full documentation to your council
- This exemption is going to make things easier, but it doesn’t remove the need for a legal, compliant, quality build.
The Real Opportunity:
Fewer Resource Consents
For many homeowners, we see the biggest benefit actually under planning law, not just building law.
Under recent planning changes, many sites no longer require a Resource Consent to add a granny flat. If your site meets the new planning standards (NES-DMRU), you might not need either consent. This could save significant time and money and open up land that wasn’t previously able to be built on.
Quick Checklist: Key Conditions For The Exemption
The checklist below covers the main conditions that affect whether this pathway can be used.
If any of these aren’t met, it doesn’t necessarily stop your project, it just means a different approval process may apply.
The new dwelling must be:
- Detached and standalone
- Single storey
- No more than 70m2 internal floor area (this includes bathroom, storage, laundry and attached garage)
On your site, the dwelling must:
- Be positioned at least 2 metres from all boundaries and other buildings (this is known as a setback). If you’re in a Rural zone, larger setbacks apply: 10m from the front boundary and 5m from side and rear boundaries.
- Be able to safely manage any natural hazards on the site eg requiring a higher floor level in flood-prone areas.
- Not be located in a heritage zone
- Not cause the total building coverage on your site (house, granny flat, sheds, garages) to exceed 50% of the land area
- Be located on land zoned Residential, Rural, Mixed Use, or Māori-purpose
The dwelling must also meet these technical requirements
- It must be Lightweight construction
- The floor level cannot be higher than 1m above ground
- The maximum height of the home cannot be more than 4m above floor level
- The build can’t have any plumbing complexity (e.g. water storage tanks in roof)
Other important conditions are
- All work must be designed and supervised by Licensed Building Practitioners (LBPs)
- You must apply for a PIM before you build
- You must submit documentation after the build to confirm compliance
Could the Granny Flat Exemption Work for you?
Services & Infrastructure:
What To Plan For
While a building consent may not be required, any new granny flat still needs to be properly serviced, with connections approved by your local council and relevant utility providers.
It’s important to get this stuff right up-front, as service needs, and associated costs, can vary widely depending on the site.
What still matters:
Depending on your site, this may include:
01.
Water supply – either a new connection or confirming capacity of existing tanks
02.
Wastewater and stormwater connections, or approved on-site systems
03.
Stormwater detention tanks or rainwater tanks, depending on requirements of your district plan
04.
A separate electricity connection and new point of supply
05.
In some cases, vehicle access or kerb crossing requirements
Why this matters
These requirements:
01.
Are identified through the PIM process
02.
Vary from site to site
03.
Can influence both cost and timing, especially if upgrades are needed
For some properties, connecting to existing services may be relatively straightforward. For others, new mains connections or system upgrades may be required. This will depend on the capacity and condition of the existing services, as well as local council policies.
Our approach
Because the rules are new and still being interpreted, we believe checking services early is one of the most important steps.
By reviewing infrastructure upfront, we can help you:
01.
Understand what’s likely to be required
02.
Avoid surprises once you’re committed
03.
Decide whether the exemption path, or a consented build, is the better fit
If you’d like help understanding what services your site can support, we’re happy to take a look.
When The Exemption Might Not Be Right For You
In some situations, going through a consent process may actually be the better option. For example:
01.
You’re considering subdividing the land in the future
02.
You’re on a tight site and need to build closer to boundaries (many District Plans allow 1m setbacks, but the exemption requires 2m)
03.
You want higher ceilings, a split-level design, or mezzanines
04.
You plan to use heavy construction (such as concrete block) or panelised systems like SIPs
05.
You have complex service requirements, such as pump stations or difficult drainage
In cases like these, applying for a building consent, and sometimes a resource consent, can give you more design flexibility and greater certainty long term.
We can help you understand which path makes the most sense for your site and plans.
What Is A Building Consent, And Why It Still Matters
A building consent is official approval from your council that confirms your plans meet the New Zealand Building Code, and that the build will be safe, warm, and structurally sound.
Traditionally, that means:
- Submitting full plans for approval
- Council inspecting key stages during the build
- Getting a Code Compliance Certificate (CCC) at the end
With the new exemption, you can skip that process if your build meets all the conditions. But skipping consent doesn’t mean skipping responsibility.
Without council sign-off, the liability shifts. It shifts to your builder, designer, and you as the homeowner.
That’s why the
exemption still requires:
- Licensed professionals
- Full documentation
- Code-compliant designs
The safest way to use the exemption? Work with professionals who already meet the standard, like us at EasyBuild.
Why Easybuild Is Built For This
All our designs are pre-approved via MBIE’s MultiProof scheme, meaning faster council processing if a consent is still needed
Built on site by licensed professionals, with the option of a Master Build guarantee
Fully compliant with the NZ Building Code and Healthy Homes standards
End to end support, including all documentation and paperwork
Proven designs with hundreds of EasyBuild homes already built across New Zealand
With us, there’s no guesswork. No loopholes. Just a smarter, safer way to add a second home.
What our Build Process Looks Like
Here’s how we make it simple:
01.
Chat with us
Tell us about your land and goals
02.
Site check
We assess zoning, hazards, placement and services
03.
Design fit
We match you to a pre-consented EasyBuild plan
04.
PIM application
We help you lodge this with council
05.
Build Begins
No inspections needed
06.
Final Docs
We support you to submit the required paperwork
Want to Know What Applies to Your Site?
We’ll give you a clear, no-pressure answer.
Send us your address, and we’ll confirm whether the exemption applies, or what your best option is.
Helpful Resources
- MBIE: Granny flat exemption guidance
- Register for a Home-Building Info Session
- Our Granny Flat Designs
- National Environmental Standards for Detached Minor Residential Units 2025
Stay Updated as the Rules Evolve
The legislation is new, and how it’s applied will become clearer over time. If you’d like to receive updates as new guidance, case studies, and practical examples emerge, you can subscribe here.
FAQs: Granny Flat
Exemption 2026
Clear answers to the questions we’re hearing most. If you’re unsure about anything, just ask us.
Is this just for family use?
No. You can use the granny flat for rental, family, or future flexibility.
Can I build it on Rural land?
Yes, if the zoning allows and hazard rules are met.
Do I need to notify council?
Yes via the PIM process, before you start. You also submit documents after the build is complete.
What if I skip the rules?
You risk fines, stop-work orders, or needing to remove the building.
What if I don’t qualify?
You may still be able to build, just with consent. We can advise what path is best.
What is Resource Consent?
Resource Consent is approval under planning law and it’s what you need if your build doesn’t comply with your council’s District Plan permitted activities. Things like zoning, overlays, site coverage, or setback breaches can trigger it. It’s different from Building Consent, which deals with construction safety and code compliance.
What is a PIM?
A PIM (Project Information Memorandum) is a report from your local council that explains what rules and requirements apply to your land before you build. It typically includes things like:
Under the granny flat exemption, a PIM is required and must be obtained before construction starts.
How do I know what zone my land is in?
Go to your council’s website and look for the District Plan or Planning Maps. Enter your address to view your zoning and overlays. Or send us your address and we’ll check for you.
How can I calculate my total building coverage?
Add up the footprint of every building on your site (this includes your main home, sheds, garage, and proposed granny flat). Then divide that by your total land area. If the total is more than 50%, you may not qualify for the exemption.
What is lightweight construction?
Lightweight means timber framing with cladding like weatherboard or fibre cement. It excludes heavy materials like brick veneer or concrete block. The exemption only allows lightweight builds.
Do I need a resource consent?
You may not, but it depends on your site. If your land is zoned Residential, Rural, Mixed Use or Māori Purpose, you may be able to build a granny flat without needing a resource consent. However, some site factors can still trigger one depending on the district plan. Common examples include:
Because these rules vary by council and site, the best next step is to check your planning map or ask for help. We’re happy to help you figure out what applies to your land.
How do I check if my land qualifies?
Use your council’s online planning map. Check your zone, overlays, and site constraints. Or send us your address and we’ll help.
What if my site is in a flood or heritage zone?
These zones may need Resource or Building Consent. Flood zones also affect floor height and if it pushes you over 1m, the exemption won’t apply. Not under the exemption. If you need to build closer, you’ll need a building consent. Some council zones only require 1m setbacks, but the exemption rules override that.
Can I build closer than 2m to the boundary?
Not under the exemption. If you need to build closer, you’ll need a building consent. Some council zones only require 1m setbacks, but the exemption rules override that.
What if there’s already a house or shed within 2m?
You need 2m clearance from other buildings. Otherwise, you’re back into consent territory.
Can I have a garage?
Yes, but the total floor area, including any attached garage, must stay under 70m2. If you want more space, consider a detached garage or carport later.
Who can build it?
Only Licensed Building Practitioners (LBPs) can do the work. Owner-builder exemptions don’t apply here.
Can I design it myself?
Not under the exemption. You’ll need a qualified designer (like a Registered Architect or CPENG engineer) who can provide a Certificate of Work. All EasyBuild homes already meet this requirement.
How do I connect to services?
The PIM will tell you what’s needed. For urban sites, that often means new connections to drinking water, stormwater, and wastewater (yes, this comes with fees). Rural sites may use tanks or septic but need to show capacity.
Do I need a separate power connection?
Yes. You’ll need a new point of supply and a registered electrician to do the work. There may be fees and trenching costs.
Is my ground suitable?
You’ll need a basic soil assessment. If your site has soft or unstable ground, you may need a geotechnical report and an engineer-designed foundation.
What if my land isn’t flat?
That’s fine, as long as your foundation height stays under 1 metre.
What if I need a retaining wall?
Under 1.5m high? Likely exempt. On a boundary or supporting extra load? You’ll probably need consent.
Will I have to pay development contributions?
Often, yes, councils typically charge these for new dwellings. This will be flagged in your PIM.