Granny flats building consent exemption set for early 2026

Posted: 23 October 2025

Family with grandmother sitting in front of a granny flat.
The Government has passed new laws allowing granny flats to be built without building consent from early 2026, helping to increase affordable, safe, healthy and durable housing for Kiwis.

Under the new building consent exemption, granny flats up to 70 square metres may be constructed without building consent if:

  • the design is simple and complies with the Building Code
  • construction is completed or supervised by licensed professionals, and
  • homeowners notify their local council before commencing and upon completion of building work.

Preparing for the new granny flat building consent exemption

The new building consent exemption for granny flats is scheduled to commence in early 2026 after the new regulations come into force.

Between now and early 2026, New Zealanders may begin preparing for these changes, including by consulting with designers and builders to determine what is possible on their property under this exemption.

Information on Licensed Building Practitioners (LBPs) is available at:

Find an LBP – lbp.govt.nz

Building work started before regulation changes

Any granny flat construction underway or started before the new granny flat building consent exemption regulations come into force in early 2026 will still require a building consent.

The exemption only applies to granny flats built after the law change comes into force next year. If you are uncertain about building or resource consent requirements, you should contact your local council.

Requirements for the granny flats building consent exemption

Specific design requirements for the ‘simple design’ of a granny flat are in the new Schedule 1A of the Building Act. These requirements and the other conditions for the granny flats building consent exemption are explained on Building consent exemption conditions for granny flats.

Work to support the new building consent exemption

MBIE is working to ensure councils, homeowners, and building professionals have the necessary forms, templates and guidance prior to the exemption’s commencement date.

For more information:

Changes to allow granny flats to be built without a building consent

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: