Skip to main content Skip to search Skip to primary navigation
Building Performance
Site search

Popular searches

  1. Why contracts are valuable
    Consumer protection measures
  2. Use licensed people for restricted building work
    Choosing the right people for your type of building work
  3. Work that doesn't require a building consent
    Schedule 1 guidance
  4. Post-emergency building assessment
  5. Determinations
    Rulings on building work disputes
  6. E2 External moisture
    Acceptable Solutions and Verification Methods
 
Menu Search

Granny flats exemption: Guidance and resources

 

Family photo of 2 adults sitting either side a child on the doorstep of a house.

Granny flats exemption guidance[PDF 3.8 MB]

About this document

  • Published on 18 December 2025
  • ISBN: 978-1-991409-40-9 (Print) / 978-1-991409-39-3 (Online)

Introduction

The granny flats building consent exemption will commence on 15 January 2026. This information is provided to help you prepare for the law change.

The exemption cannot be used until 15 January 2026.

The granny flats building consent exemption allows small standalone dwellings up to 70 square metres in size to be built without a building consent if:

  • it has a simple design and meets the Building Code
  • homeowners notify their local council before they commence building and once it is completed
  • the work is carried out or supervised by licensed building professionals
  • all exemption conditions are met.

The guidance explains the conditions for using the exemption and what qualifies as a granny flat. It sets out the steps to follow at each stage of the build and outlines the roles and responsibilities of homeowners, licensed building professionals, and councils.

It also includes practical checklists, templates, and links to resources to explain the exemption conditions and how to comply with them.

Contents

This document is in six sections:

Section 1: Using the granny flats building consent exemption guidance

  • Introduces the guidance, its scope, and intended audience, explaining the legal granny flats exemption under Schedule 1A of the Building Act 2004.
  • It identifies who the guidance is for.

Section 2: Background to the granny flats exemption

  • Provides background to the exemption, its role in supporting housing supply and its interaction with the resource consent system.

Section 3: Granny flats exemption: roles and responsibilities

  • Explains the legal responsibilities of homeowners, designers, builders, councils, and the Ministry of Business, Innovation and Employment (MBIE).
  • It explains who must carry out restricted building work and submit compliance documentation and ensures all parties understand their obligations before building work begins.

Section 4: Plan and design a granny flat 

  • Covers the pre-construction phase, including applying for a project information memorandum (PIM), engaging licensed building professionals, and ensuring compliance with the Building Code.
  • It discusses site-specific risks, utility connections, and other approvals.

Section 5: Build a granny flat

  • Outlines the construction process, including quality control, documentation, and managing variations.
  • It explains how to manage changes during the build and how to meet the granny flats exemption conditions.
  • It discusses consequences of non-compliance, such as enforcement actions and impacts on insurance or resale.

Section 6: Complete a granny flat build

  • Details the final steps in the process, including submitting Records of Work and certificates to the council, and paying any development contributions. 

Disclaimer: This document is a guide only. It should not be used as a substitute for legislation or legal advice. To the extent permitted by law, the Ministry of Business, Innovation and Employment (MBIE) is not responsible for the results of any actions or omissions taken on the basis of information in this document, or for any errors or omissions.

Forms

Additional resources

Step-by-step guides 

Checklists

Fact sheets

Consistent key messages

Websites

Top

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: