2.1 Single-storey detached buildings not exceeding 10 square metres

This exemption covers the construction of small, detached buildings such as garden sheds, greenhouses, cabins or sleepouts which do not exceed 10 square metres in floor area.

 Any buildings that include sanitary fittings or sanitary appliances  cannot be built using this exemption. A building consent is required if there is any plumbing installed. If you are building a sleepout using this exemption, the sleepout must be used in connection with a dwelling, in order to have access to cooking and sanitary facilities. 

What the law says

Schedule 1 of the Building Act 2004

Exemption 3. Single-storey detached buildings not exceeding 10 square metres in floor area.

1. Building work in connection with any detached building that:

(a) is not more than 1 storey (being a floor level of up to 1 metre above the supporting ground and a height of up to 3.5 metres above the floor level); and

(b) does not exceed 10 square metres in floor area; and

(c) does not contain sanitary facilities or facilities for the storage of potable water; and

(d) does not include sleeping accommodation, unless the building is used in connection with a dwelling and does not contain any cooking facilities.

How it works

Before you begin, please read the Notes for single-storey detached buildings: 2.1 to 2.5 section (particularly District Plan requirements and disposal of stormwater).

The Building Code requires building materials, components and construction methods to be sufficiently durable to ensure the building (without reconstruction or major renovation) satisfies the other functional requirements of the Building Code for the life of the building.

What is exempt

  1. A nine square metre sleepout is constructed in the backyard of a residential dwelling. It is sited on the boundary of the property and does not contain cooking facilities , sanitary fittings, sanitary appliances, or a potable water supply.
  2. Owners of a childcare centre intend to build a 10 square metre detached building to serve as a staff retreat area. The proposed building will be adjacent to the main building. It contains no potable water supply and no facilities for cooking or sanitation.

What needs consent

  1. A rural landowner decides to erect a 10 square metre sleepout on a property that does not have a residential dwelling on it. This sleepout would require a building consent as it is not associated with a residential dwelling.
  2. A homeowner decides to build a detached 10 square metre sleepout on the back of their 1000 square metre section. The sleepout floor level is 900 millimetres above the supporting ground and the apex of the roof is 3.5 metres above the floor level. The owner decides to optimise the sleepout space by including a loft of eight square metres as a study area. As the proposed floor level of the loft is more than one metre above the supporting ground, a building consent will be required.
How helpful was this information?

How helpful was this information?

Please note your feedback is anonymous. If you need a response, contact us.

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: