New legislation has passed through Parliament allowing home owners to build a "granny flat" without needing a Building or Resource Consent.

Effective from 15 January, the National Environmental Standards for Detached Minor Residential Units (NES-DMRS) and the granny flats building consent exemption make it easier to build an additional dwelling on your property, either for extended family or as a rental unit.

Three Major Benefits

• Cost Savings: Savings in council fees and consultancy reports.
• Time: Avoid delays - start as soon as you receive your Project Information Memorandum (PIM) from council, which they must issue within 10 working days.
• Certainty: Clear national standards remove the "fear of the unknown" regarding Council approval.

Key Conditions for Exemption

To qualify for the exemption, the dwelling must be:

• New, standalone & single storey.
• Your property must have a main house (principal residential unit) and only one granny flat is allowed per site.
• Your site must be located in a residential, rural, mixed use or Māori purpose zone under the relevant district/unitary plan.
•  Maximum 70 m² floor area (including garage).
• Building coverage (including the main house)must not exceed 50% in a residential zone.
• Located at least 2m from the main house and boundaries in residential zones (10m from front & 5m from side & rear boundaries in rural zones).
• Built with lightweight materials (timber/steel framing) by Licensed Building Practitioners (including all plumbing, electrical and gas work).
• Connected to water, wastewater, and stormwater systems where available or have compliant on-site systems.
•  Outdoor living space, sunlight access (height in relation to boundary), privacy (outlook), façade glazing and parking standards in district/unitary plans do not apply.
• Maximum 70 m² floor area (including garage).

What Still Applies?

Other regulations still apply:

• All work must meet the NZ Building Code.
• Building in any natural hazard risk area will still require resource consent (i.e., building in a floodplain or flood prone area).
• Standards for earthworks, subdivision, heritage, reverse sensitivity, infrastructure requirements under district/unitary plans and any relevant bylaws still apply.
• If an onsite effluent treatment system is proposed, the relevant rules under regional/unitary plans will still apply.

The Process: How Do I Start?

• Plan & Design: Undertake due diligence, have your planner check your land can contain a granny flat. Find a licensed designer who prepares plans showing exemption compliance.
• Apply for a PIM: Complete a Project Information Memorandum on the Council website (a fee will apply).
• Council Review: Council reviews the PIM and checks compliance with the RMA (district and regional plans), local bylaws, and that the land is not affected by natural hazards. The PIM is issued within 10 working days.
•  Build: All work must be done by Licensed Building Practitioners.
•  Notify Council: Within 20 working days of completion, submit final plans and records of work/certifications from your builders and tradespeople.

Important Considerations

• Development Contributions: Fees will apply. You will be notified of the amount when you receive your PIM, with payment due within 20 working days after building completion.
• No Council Inspections: Council does not approve, monitor or inspect work. Compliance with the Building Code is the responsibility of you and your Licensed Building Practitioners.
• Enforcement: Councils retain their powers to issue a “Notice to Fix” or take enforcement action for non-compliant work.
• Records of work: Councils will store granny flat records on the property file ensuring they appear on future Land Information Memorandums (LIMs).

How We Can Help

• We can help you verify your project meets all exemption criteria under District, Regional and Unitary Plans and identify any additional plan provisions that may still apply.
• Assess your site for natural hazard risks or infrastructure issues.
• Advise on building placement to ensure compliance with site coverage and boundary rules.

Helpful Resources

Exemptions & regulations:

https://www.building.govt.nz/projects-and-consents/planning-a-successful-build/scope-and-design/check-if-you-need-consents/building-work-that-doesnt-need-a-building-consent/granny-flats-exemption-guidance-and-resources

https://environment.govt.nz/acts-and-regulations/legislation/nes-dmru/

Step-by-step how to guide:

https://scanmail.trustwave.com/?c=20897&d=-drD6TariyNOldBUVG-EYoXEWgWjX5ib56Wi5zEQLg&u=https%3a%2f%2fwww%2ebuilding%2egovt%2enz%2fassets%2fUploads%2fprojects-and-consents%2fgranny-flats-exemption%2fstep-by-step-guides-plan-design-build-and-complete-a-granny-flat%2epdf

Find a Licensed Building Practitioner:

https://kete-lbp.mbie.govt.nz/advanced-building-practitioner-search/