Granny flats (Small stand alone dwellings – up to 70m2 – new rules from 15th January 2026

From Thursday 15 January 2026, homeowners across New Zealand, including in Westland, can build certain small standalone “granny flats” (minor dwellings) up to 70 m² without needing a building consent.

These new rules are designed to make it easier and more affordable to create extra housing for whānau, carers, or renters on existing properties, while still keeping important safety and planning protections in place.  We suggest you read the rules thoroughly BEFORE you begin and contact your bank and your insurance company for cover prior to starting work.  You must comply with all of the rules to use the exemption.  If in doubt, please check with your licenced practitioner or give our friendly team a call to discuss.

 

 

What You Can Build Without a Building Consent

Under the new national exemption, you may be able to build a granny flat without a building consent if it meets all of the following conditions:

  • It is a new, standalone dwelling (not attached to your existing house)
  • It is single-storey only
  • The net floor area is 70 m² or less
  • The floor level is no more than 1 metre above ground level
  • The maximum height is no greater than 4 metres above the floor level
  • It is at least 2 metres from any other structure or legal boundary
  • It is classified as Housing – Detached Dwelling (as defined by Building Code Clause A1)
  • The design is simple and complies with all relevant Building Code requirements
  • Plumbing and drainage work is simple and designed in accordance with the Acceptable Solutions for the relevant Building Code clauses
  • Interconnected smoke alarms are installed throughout
  • Independent points of supply for electricity and gas (where applicable) are provided
  • Level-entry showers are permitted only once a relevant licence class has been established
  • The work is carried out or supervised by appropriately licensed building professionals

Even though a building consent is not needed, the granny flat must still fully comply with the Building Code for structure, fire safety, weathertightness, durability, insulation, plumbing, and sanitation.

 

What Still Needs Council Involvement

The exemption removes the need for a building consent, but it does not remove other legal requirements.

 

Before You Start:

  • You must apply for a Project Information Memorandum (PIM) before commencing any building work
  • Apply via the Objective Build Portal on Council’s website.
  • Important: A PIM does not confirm compliance with the exemption criteria – you are responsible for ensuring all exemption requirements are met
  • We recommend seeking professional advice if you are unsure whether your proposal qualifies under the exemption

 

During Your Build:

  • Complete work within 2 years of the PIM being issued (you can apply for an extension if needed)
  • If a Form 3A Development Contribution Notice is issued with your PIM, you must pay the development contributions within 20 working days of completion of the building work

 

After Completion:

  • Notify the council within 20 working days of completion
  • Submit all required documentation, including:
    • Form 2A: Memorandum from licensed building practitioner (record of design work)
    • Form 6A: Memorandum from licensed building practitioner (record of building work)
    • Record of work: sanitary plumbing and drain laying for non-consented small standalone dwelling
  • Your Licensed Building Practitioner(s) are required to provide the Record of Work to both you and the council

You remain legally responsible for ensuring all work meets the Building Code, even without council inspections.

Development contributions and other council charges may still apply to help fund infrastructure such as water, wastewater, and transport networks.

Granny flats (Small stand alone dwellings – up to 70m2 – new rules from 15th January 2026
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