What qualifies for the granny flat exemption in New Zealand?

To qualify for the consent-free granny flat exemption, the unit must have a floor area of 70 square metres or less, be a single-storey, detached (standalone) and self-contained dwelling, and be designed and built or supervised by a Licensed Building Practitioner (or by Kainga Ora). It must still comply with the Building Code and meet the relevant district plan rules, title restrictions and natural hazard requirements. If all of these are met, you can build the granny flat without building consent and without resource consent, but you must notify your council before work starts and again when it is finished.

When did the granny flat exemption start?

The consent-free granny flat exemption comes into force on 15 January 2026. From that date a qualifying minor residential unit of up to 70 square metres can be built without building or resource consent, provided the conditions are met and the council is notified before and after the build. The change was made through amendments to the Building Act and a National Environmental Standard under the Resource Management Act.

Do I still pay development contributions for an exempt granny flat?

Possibly. The exemption removes the need for building consent and resource consent, but it does not remove other obligations. Councils can still charge development contributions to help fund infrastructure such as water, wastewater and roading, and you will usually pay connection or upgrade costs for water, wastewater, stormwater and power. You also remain responsible for Building Code compliance, any title covenants or easements, Resource Management Act requirements, and notifying the council before and after the build. Check the specific charges with your local council.

Granny Flat Consent-Free Checker

Find out whether your granny flat (minor residential unit) likely qualifies for the consent-free exemption that comes into force on 15 January 2026. Answer the checklist below and this tool will tell you whether you can likely build without building consent and resource consent, or which condition stops you qualifying.

Even when the exemption applies, other legal obligations still remain. This checker also lists what you still have to do.

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Updated June 2026 Exemption in force from 15 January 2026. Based on MBIE / Building Performance granny flat guidance.

1. Size and Form

Floor area 70m² or less?

Single-storey?

Detached / standalone?

Self-contained? (own kitchen, bathroom, living)

2. Compliance and Land

Built or supervised by a Licensed Building Practitioner?

Will comply with the Building Code?

Meets district plan, title and natural-hazard rules?

Council notified before and after the build?

Your Consent-Free Verdict

Likely Verdict
-
From 15 January 2026

Conditions Met

Of 8 checks

First Issue

Condition to resolve

Result: Answer the checklist above.

Checklist Detail

Condition for the consent-free exemption	Your answer	Status

What the Exemption Removes

Building consentNot required if you qualify

Resource consentNot required if you qualify

Code Compliance CertificateNot required (no building consent)

Max floor area covered70 m²

In force from15 January 2026

Obligations That Remain

Building Code complianceStill required

Development contributionsMay still apply

RMA, title, covenants, easementsStill apply

Water, wastewater, power connectionsYour cost

Notify council before and afterRequired

The 70m² Granny Flat Consent-Free Exemption

From 15 January 2026, New Zealand allows a qualifying granny flat (legally a minor residential unit) of up to 70 square metres to be built without building consent and without resource consent. The change was made to help families add affordable housing, support multi-generational living, and create rental or home-office space without the time and cost of the full consent process. The exemption applies nationwide, but it only removes consent. It does not remove the other rules a new dwelling has to follow.

Conditions You Must Meet

To use the consent-free exemption, your granny flat must tick every one of the following:

70 square metres or less of floor area.
Single-storey (one level).
Detached and standalone, not attached to the main house.
Self-contained, with its own kitchen, bathroom and living space.
Designed and built or supervised by a Licensed Building Practitioner (or built by Kainga Ora).
Compliant with the Building Code, even though no building consent is issued.
Allowed by the district plan, title and natural-hazard rules for your section (zoning, covenants, easements, flood or other hazard overlays).
Notified to your council before work starts and again when it is finished.

If any one of these is not met, the exemption does not apply and you will need to follow the normal building consent and, where relevant, resource consent process.

Worked Example

Take the default checklist answers: a 60 square metre, single-storey, detached, self-contained sleepout designed and built under the supervision of a Licensed Building Practitioner, on a standard residential section with no covenants or flood overlay, where the owner will notify the council before and after the build. All eight conditions are met, so this granny flat likely qualifies for the consent-free exemption. The owner can build without building or resource consent. They still need to comply with the Building Code, may still be charged development contributions, must pay for water, wastewater and power connections, and must notify the council before and after the work. That matches the default output shown by the checker above: verdict Likely Qualifies, 8 of 8 conditions met.

What the Exemption Does Not Remove

This is the part people most often misunderstand. Being consent-free does not mean obligation-free. Even a fully qualifying granny flat must still:

Comply with the Building Code. The legal standard for weathertightness, structure, fire safety, plumbing and drainage still applies. The Licensed Building Practitioner requirement exists precisely because no council inspections will happen.
Pay development contributions where the council charges them. These fund shared infrastructure such as water, wastewater and roading and are separate from consent.
Meet Resource Management Act, title and covenant requirements. Zoning rules, height-to-boundary and coverage limits, registered covenants, easements and natural-hazard overlays still bind the land.
Cover its own service connections. Connecting to water, wastewater, stormwater and power, and any network upgrades, are your cost.
Be notified to the council. You must tell the council before you start and once the build is complete, so it can be recorded against the property.

If You Do Not Qualify

If your design fails one condition, you generally have two choices. You can change the design to fit the exemption (for example, reduce the floor area to 70 square metres or less, make it single-storey, or detach it from the main house), or you can keep your design and apply for building consent (and resource consent if the district plan requires it). A unit over 70 square metres, a two-storey unit, or one attached to the existing house will need the normal consent process even after 15 January 2026.

Related Calculators

Mortgage and Property Calculators: the full hub of home and property tools.
Property New Build Calculator: budget a new build or addition.
Home Renovation Budget Calculator: plan the cost of building work.
Rental Yield and Investment Calculator: returns if you rent the granny flat out.
Legal Fees Property Calculator: conveyancing and title costs.

Sources: MBIE / Building Performance granny flats and minor residential unit exemption guidance (building.govt.nz). Building Act 2004 and supporting amendments. National Environmental Standard for granny flats under the Resource Management Act 1991 (legislation.govt.nz).

This checker is indicative only and is not legal or building advice. It tells you whether your granny flat likely fits the consent-free exemption based on your answers, but the final position depends on your specific site, title and council. The exemption removes building consent and resource consent only; it does not remove Building Code compliance, development contributions, Resource Management Act and title obligations, service connection costs, or the requirement to notify the council. Always confirm with your local council before you start.