The law has now changed. Significant reforms affect property owners looking to build a granny flat or minor residential unit (MRU) in New Zealand. From early 2026, new legislation makes the process easier, faster, and more affordable, while still maintaining essential safety standards. These national updates are designed to standardise granny flat rules across New Zealand and give property owners clearer, more efficient pathways to add a 70m² secondary home to their property.
Building a Granny Flat Without Traditional Building Consent
The Building and Construction (Small Stand-alone Dwellings) Amendment Bill allows some small, simple minor residential units to be built without full building consent. To qualify, your project must meet three requirements:
– Simple Design: Single-storey, 70m² or smaller, built with lightweight materials, basic plumbing, and compliant with the Building Code.
– Licensed Professionals: All work must be completed by Licensed Building Practitioners (LBPs), who supply official records of work.
– Project Information Memorandum (PIM): You must apply for a PIM before construction begins. It outlines hazards, heritage considerations,
utility connections, and whether your build qualifies for the consent exemption.
After construction, you must notify the council within 20 working days with final records, certificates, plans, and fees.
National Environmental Standards (NES) for Detached Minor Residential Units
The new NES introduces consistent planning rules for Minor Residential Units (MRUs) across most zones overriding district plan rules.
Key standards include:
– One MRU per property (unless your local plan permits more)
– Maximum size of 70m² internal floor area
– Setbacks and building coverage rules
– Natural hazards
– Water, wastewater and stormwater requirements
– Councils cannot require compliance with rules about amenity values, glazing, private outdoor space, sunlight standards, or parking
If the MRU does not meet NES rules, a consent is required.
Tiny Homes: Understanding Classification
A tiny home is classified as a building if it is fixed in place, used as permanent accommodation, or has permanent plumbing – requiring Building Code compliance.
It is treated as a vehicle if it remains mobile, has a WOF and registration, weighs under 3.5 tonnes, and is not lived in permanently.
Local Council Considerations
We recommend contacting a Cheal Planner to help navigate Council requirements. Even with the introduction of national standards, local councils may still impose additional requirements. For example, some areas have wastewater constraints that can affect building placement and design. Councils will also charge a development contribution, a fee payable to Council when the Project Information Memorandum (PIM) is issued.
The responsibility for ensuring a Minor Residential Unit complies with both the Building Code and the National Environmental Standards (NES) now sits with the landowner. Obtaining professional advice from Cheal on these matters is therefore as important as it has ever been.
Frequently Asked Questions
Will these new rules make it cheaper to build a granny flat?
Removing the need for full building consent can reduce costs and delays. However, you must still comply with the Building Code and use Licensed Building Practitioners.
Can I rent out my granny flat?
In most cases, yes. MRUs can usually be rented as long as they meet relevant building and planning rules. Check your local district plan for any extra conditions.
Do I still need council involvement if no consent is required?
Yes. A PIM is still required, and you must submit final documents when construction is complete. Development Contributions are also payable.
Find out more by visiting: Building consent exemption conditions for granny flats
Cheal Planners are here to simplify everything, get in touch with us for more information.