Rules
70m² Granny Flats
The move toward making small standalone dwellings easier to build is real, and it has changed what many homeowners can consider. It is not, however, a blanket approval — and the conditions matter.
Regulatory information reviewed: 4 September 2026
What changed on 15 January 2026
New Zealand's granny-flat building-consent exemption now allows certain new, standalone, single-storey, self-contained dwellings of up to 70m² to be built without a building consent when every exemption condition is met. The Building Code still applies, and the design and construction must involve the licensed professionals required by the exemption.
This is a building-consent exemption, not a blanket approval for a second dwelling on every property. Planning, hazards, servicing, infrastructure and property-specific constraints still need to be checked separately.
What it does not do
- It does not remove district plan rules such as coverage, setbacks or outdoor living space.
- It does not remove the requirement to apply for and receive a Project Information Memorandum (PIM) before work starts.
- It does not remove the requirement to provide completion documentation to the council after the work is finished.
- It does not override natural hazard, servicing or infrastructure constraints on your site.
- It does not change your obligations if the dwelling is to be tenanted.
Conditions that typically matter
Design and construction
The exemption is for a new, standalone, single-storey and self-contained dwelling that meets the detailed statutory conditions. MBIE's guidance requires licensed building professionals for the relevant design and construction work. Designs outside the exemption conditions use the ordinary building-consent pathway.
Site conditions
Slope, drainage, flooding and ground conditions still govern what is buildable and how. Engineering input is commonly required regardless of the consenting pathway.
Servicing
Water, wastewater and stormwater must be dealt with properly. On unserviced land this is a designed system, not an afterthought.
How to check your own position
Start by checking the national exemption and NES-DMRU requirements, then confirm the current council information for your property. A property check can help organise the site and project details before a qualified specialist confirms the pathway against the actual property and proposed design.
Preliminary information suggests your property may be suitable for further assessment — but that assessment is where certainty comes from.
Related: granny flat rules NZ · cost guide
Property and planning information is preliminary only. Eligibility depends on current planning rules, site conditions, servicing, design and professional assessment.
Common questions
- Does a 70m² granny flat need building consent?
- Since 15 January 2026, qualifying new, standalone, single-storey, self-contained dwellings of up to 70m² can use a building-consent exemption if all statutory conditions are met. A PIM is still required before work starts, the Building Code still applies, and licensed professionals must be used as required by the exemption.
- Does an exemption mean I can ignore council?
- No. The building-consent exemption does not remove planning requirements. The national NES for Detached Minor Residential Units and any relevant council rules, hazards, infrastructure requirements and PIM process still need to be checked.
- Do I still need professional design input?
- Often yes. Exemption pathways typically rely on the work being carried out or supervised by authorised professionals, and engineering input may still be required for foundations or specific site conditions.
- Is 70m² the maximum size for a granny flat?
- 70m² relates to this particular pathway. Larger minor dwellings can be built through the usual building consent process where planning rules allow.
See what the 70m² pathway could mean for your property
A property check takes less than a minute and gives a specialist something useful to work with.