Transcript: Good to know – understanding the granny flats exemption

Some granny flats may be built without a building consent, but that does not mean there's no process, no safeguards or no obligations to meet.

Two possible pathways

For eligible projects, homeowners have two possible pathways. They may be able to:

• use the granny flats exemption pathway, or
• apply for a building consent and follow the standard consenting process.

When the exemption applies

The exemption only applies to certain dwellings. The granny flats must be:

• new
• standalone
• single storey
• no larger than 70 square metres.

All exemption conditions must be met.

The exemption removes the need for a building consent, but it does not remove key safeguards.

Building requirements

The building work must:

• fully comply with the Building Code
• be done by licensed building professionals, where required
• manage natural hazard risks.

Councils must be formally notified before building starts and after completion.

Planning and building rules

The building consent exemption and planning rules are also separate.

Meeting one does not automatically mean the other is met. You need to complete:

• site checks under the Building Act
• planning checks under the resource management system.

You need to do this early in the project.

The project information memorandum (PIM) requirement

A PIM is mandatory before building work starts.

The PIM:

• provides site-specific information
• supports the project to proceed lawfully.

The PIM is not an approval or verification step.

It may include information about:

• natural hazards
• infrastructure
• relevant bylaws.

If development contributions apply, councils notify these separately alongside the PIM.

Responsibility for compliance

Councils do not inspect exempt building work and do not issue a Code Compliance Certificate.

Responsibility for compliant building work sits with:

• homeowners
• licensed building professionals.

Timeframes and completion

Once a PIM is issued, the build must be completed within two years unless an extension is granted.

When the project is complete, the required records must be sent to the council within 20 working days.

When the exemption no longer applies

If any exemption condition is no longer met, or the PIM lapses before completion:

• the work is no longer exempt, and
• a building consent is required.

A certificate of acceptance may also be required for work already completed.

Key point

The granny flats exemption creates a different process, not a lesser one.

It works when:

• the right checks are done early
• the right professionals are involved
• everyone understands their role in keeping the project within the rules.

More information

Download this handy step-by-step guide to help you throughout the process:

Homeowners' quick guide: granny flats building consent exemption [PDF 1.2MB]