Do I Need a Building Consent to Build a Granny Flat in New Zealand?

Reading Time: 4 Minutes  

From early 2026, granny flats up to 70 square metres may be built without building consent in New Zealand, provided the following conditions are met:

• The design is simple and meets the Building Code.
• Building work is carried out or supervised by licensed building professionals.
• Homeowners notify their local council before building begins and after it is completed.
  
  

How is the Government Making it Easier to Build Larger Granny Flats? 

The Government has announced it will allow granny flats (minor residential units) to be built up to 70 square metres in size without the need for building or resource consents. This is an increase from the previously proposed 60 square metres. The Government has decided to increase its coalition promise after public consultation. 

What are the Benefits of the Consent Change for Granny Flats? 

The new regulations are designed to make it easier for homeowners to build simple, standalone dwellings on their properties without the need for a consent process. The Government says this will increase housing options and lower living costs for communities by boosting housing availability. 

What Consents Do You Currently Need to Build Granny Flats? 

Currently, building a granny flat requires building consent to meet safety and construction standards, and resource consent if local zoning rules aren’t met.  

The proposed consent exemption will not apply to any building work currently in progress or existing structures that fit the specifications of a granny flat under the final exemption criteria. It will apply only to granny flats built after the exemption is in force. 

What Will the New National Environmental Standard (NES) Do? 

A new National Environmental Standard (NES) will be introduced under the Resource Management Act by the end of this year. This NES will require all local councils to permit granny flats on properties within rural and residential zones without requiring resource consents. The NES will work in conjunction with changes to the Building Act to streamline the process.

When Will Consent Changes for Granny Flats Come into Effect? 

Legislative changes are expected by the end of the year with new regulations expected to be in force by early 2026. 

What are the New Requirements for Building Granny Flats? 

Under the new rules, granny flats will not require building consent if:

• The design is simple and meets the Building Code
• Work is carried out by authorised building professionals
• Homeowners notify the local council before starting and after completing the build.
   

Do Granny Flats Fall Under the Residential Tenancies Act? 

Granny flats fall under the Residential Tenancies Act in New Zealand. Landlords have legal obligations when renting out granny flats, just as they do for other rental properties. If a landlord fails to meet these responsibilities, the tenant can file a complaint with the Tenancy Tribunal. The landlord may be required to pay compensation, address the issues, or face other legal consequences. 

Read about a recent Tenancy Tribunal case that led to significant damages. 

FAQs

Q: Can I start building a granny flat now without consent?
A: Not yet. The new rules are expected to come into effect in early 2026. Until then, you still need to follow current building and resource consent requirements. 

Q: Will I need to notify my council before building a granny flat under the new rules? 
A: Yes. Even without needing formal consents, you’ll still need to notify your local council before starting and after completing the build. 

Need a hand managing your rental property? Reach out to our PM Business Development Team at pm@crockers.co.nz or call for a chat on 09 623 5952.