Granny Flats (Small Stand-alone Dwellings)
Making it Easy to build Granny Flats (Small Stand-alone Dwelling)
The Government announced in 2025, they wanted to make it easier to build granny flats and has now enacted the Building and Construction (Small Stand-alone Dwelling) Amendment Act (‘Act’), providing for a building consent exemption for granny flats.
The granny flats building consent exemption allows certain new, single-storey, standalone dwellings up to 70 square metres to be built without a building consent, provided all exemption conditions are met and the work is carried out or supervised by licensed building professionals and the building complies with the New Zealand Building Code.
The changes come into effect on 15 January 2026. Until then you still need a building consent and you may need a resource consent to build a small stand alone dwelling.
The Government has also developed the National Environment Standard for Detached Minor Residential Units 2025 (NES-DMRU). This operates independently from the building consent process, however was developed to ensure consistency and clarity around the development of granny flats. The NES-DMRU provides a resource consent exemption for granny flats in some situations were exemptions conditions are meet alongside other the permitted activity rule under the Kawerau District Plan. A granny flat may still require a resource consent in certain circumstances.
We recommend contacting our Building Consent Team and Planning Team to discuss your project before proceeding. This will help ensure the process meets all requirements.
What is a granny flat under the law?
A granny flat is a small, self-contained home, that is a secondary house, on the same property as a main house.
When discussed in legislation, granny flats are referred to by different names depending on the legislation, but all terms are dealing with a small secondary dwelling on a property. The names used under the different legislation are as follows:the:
- Building Act: “Small Stand-alone Dwelling”
- Resource Management Act and National Environment Standards: “Detached Minor Residential Unit”
Planning for a Granny Flat
Before starting any work, it is important to check whether the proposed build meets the requirements of the Exemptions under the Building Act and the Environmental Standards for Detached Minor Residential Units (NES-DMRU).
If your project qualifies for the building consent exemption, you must apply for a Project Information Memorandum (PIM) before starting any work.
MBIE has prepared a step by step guide which is available here - Step-by-step guide: a high-level overview of the steps to use the granny flat building consent exemption. Please use this guide to help ensure your project runs smoothly and you meet the legal requirements.
Key conditions of the Building Consent Exemption
The owner must apply and be issued a PIM prior to commencing the build.
The dwelling must be:
- new, standalone and single-storey
- no more than 70 square metres in floor area (including any internal garage)
- two metres or more from any other residential building or legal boundary
- built using lightweight steel or timber framing and lightweight roof cladding
- wall cladding with a maximum weight of 220 kilograms per square metre
- connected to network utility operator (NUO) systems where available, or have compliant on-site systems
- not contain a level-entry shower requiring a waterproof membrane
- designed and built (or supervised) by licensed building professionals.
All plumbing, drainage, electrical and gas work must be carried out by appropriately licensed professionals and certified as required.
Please note: there are design rules for new granny flats that apply to this exemption and further details are available here Granny flats exemption: Guidance and resources | Building Performance
The build must be completed within two years of the PIM being issued – extensions may be granted by council before the two-year period lapses.
Once the build is completed, the owner must send all certificate and final plans to Council within 20 working days.
Key conditions of the NES-DMRU Exemption
The owner must ensure they meet the following exemptions requirements
The dwelling must be:
- within the residential, rural, mixed purpose or Māori purpose zone
- only one minor residential unit per site
- no more than 70 square metres in floor area
- 50% maximum site coverage in residential zone and comply with the District Plan Rules for rural, mixed purpose or Māori purpose zones
- 2 metre set back from main residential dwelling
- Minimum 2 metre set back from front side and rear boundaries in residential zones.
- Minimum 10 metre set back from front boundary and 5 metre set back from rear and side boundaries in a rural zone
- Comply with set backs in the District Plan for mixed purpose or Māori purpose zones
- Comply with district plan rules regarding subdivision, national importance, use of detached minor residential unit for other than residential activities, papakainga and earthworks
- Satisfy the standards in the district plan regarding the principle dwelling, natural hazard risk, reverse sensitivity and site specific infrastructure requirements
The Kawerau District Plan can be viewed here - Operative District Plan | Kawerau District Council
Before Starting Building Work
There are two key steps you need before starting to build:
Step 1: Complete and submit an application for project information memorandum for non-consented small stand alone dwelling (Form 2AA of the Building (Forms) Regulations 2004). Form attached to this page. A PIM gives you information about your proposed building work and identifies any special features of the land, such as natural hazards, infrastructure mains etc. Applications will not be accepted until 15 January 2026, when the provisions come into force.
Council has 10 working days to review the project information provided and issue the PIM
Step 2: Council Council will review your project information and must issued a PIM before any building work can begin. (Note - Council does not check your plans to make sure they meet the Building Code)
You will receive advice on whether your project is:
- Likely to meet building exemption conditions
- Unlikely to meet building exemption conditions
- Uncertain
This will include information regarding whether the project is likely to meet the provisions of the NES-DMR. If your project meets the Building Act exemption but requires resource consent, you can’t build until that resource consent is granted.
Some site conditions, like natural hazards, may still mean you need a building consent and/or resource consent.
Once Building Work is Finished
The building work must be completed within 2 years from the issuing of the PIM, unless you apply to Council for an extension and it is approved.
Homeowners must provide all required documentation to council within 20 working days of completion.
- Final plans
- Building and plumbing/drainage plans, including any changes made during construction
- Records of work from Licensed Building Practioner
- Certifications for services from the people who carried out the work
- Plumbing
- Drainage
- Gas
- Electrical
Licensed Building Practitioners (LBPs) are required to provide the Record(s) of Work (Form 6A of the Building (Forms) Regulations 2004) to both the council and homeowner.
- Licensed building professionals who fail to provide required records may face disciplinary action.
Councils add these records to the property file and LIM; they do not issue a code compliance certificate for exempt granny flats.
Councils are not required to monitor progress or remind homeowners of deadlines – responsibility rests with the homeowner.
- Homeowners who fail to provide required documentation within 20 working days of completion may be issued an infringement notice ($500) or fined up to $1,000.
Councils may take enforcement action if notified of non-compliance or if the building is unsafe or insanitary.
- Councils may issue a Notice to Fix for non-compliance.
- Building work that does not meet exemption conditions and is carried out without a building consent is an offense under the Building Act and may result in prosecution, fines (up to $200,000, plus $10,000 per day for continuing offenses) and enforcement action.
Homeowner Responsibilities
Homeowner’s are responsible for:
- Applying for a PIM (Form 2AA of the Building (Forms) Regulations 2004)
- Obtaining a PIM (Forms 2AAB and 2AAC of the Building (Forms) Regulations 2004) from the council before starting any building work
- Ensuring all exemption conditions are met and that the building work complies with the Building Code
- Ensuring licensed building professionals are used for all restricted building work
- Submitting all required documentation to council within 20 working days of completion
- Paying any development contributions as notified
- Applying for a building consent if the exemption conditions are not met
Council’s Role and Responsibilities
Council’s are responsible for:
- Receiving project information memorandum (PIM) applications (Form 2AA of the Building (Forms) Regulations 2004)
- 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
- 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
- Providing relevant site information in the PIM, including planning rules, natural hazards, heritage status, infrastructure availability, and applicable bylaws
- 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
- Issuing development contribution notices if applicable, stating payment is due within 20 working days of completion (Kawerau District Council currently does not require Development Contributions)
- Receiving and storing Records of Work from Licensed Building Practitioner(s)
- Receiving and storing required documentation from homeowners after completion (final plans, Records of Work, Certificates of Work, energy work certificates)
- Including this information in the property file and Land Information Memorandum (LIM)
- 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
- Issuing a Notice to Fix if the building is unsafe or non-compliant.
Councils are not responsible for:
- approving eligibility for the exemption
- inspecting, monitoring or approving building work under the granny flats exemption
- checking compliance of the building work with the Building Code
- assessing documentation for compliance (records are stored, not reviewed)
- 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.
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