2026 Building Code Changes: What NZ Homeowners Should Know

A small detached studio like this could be built without a building consent under new rules allowing backyard "granny flats" up to 70 m², as long as it meets the Building Code and uses licensed trades. These changes aim to reduce red tape and costs for homeowners.
New Zealand’s building regulations are undergoing significant updates heading into 2026. The recently elected government has promised major changes to the Building Code and consent process – including allowing certain small builds (like granny flats) without needing a council building consentrnz.co.nz. These reforms are meant to cut costs and delays for homeowners, but they also come with new responsibilities. In this article, we at Aries Builders explain what’s changing in 2026, how it could benefit homeowners planning small builds or renovations, and what precautions to take to ensure quality work. We’ll cover the facts (with links to official info) and share our professional opinion on why these changes are a positive step – as well as our concerns about potential pitfalls (like unqualified “cowboy” builders). Finally, we’ll answer some Frequently Asked Questions about the new rules and what they mean for your project.

Granny Flats up to 70 m² – Consent-Free Construction

Granny Flats

One headline change is that homeowners will be able to build a detached “granny flat” up to 70 m² on their property without a building consent starting in early 2026tradeleader.carters.co.nz. This reform was passed by Parliament in October 2025 with unanimous supportrnz.co.nz. It means adding a small secondary dwelling – whether for extended family, rental income, or a home office – will become much easier and cheaper since you won’t have to go through the lengthy council consent process. However, “consent-free” doesn’t mean “rule-free.” There are important conditions to meet:

• Building Code Compliance: The granny flat must still be designed and built to meet all Building Code requirements for a habitable dwellingtradeleader.carters.co.nztradeleader.carters.co.nz. Only the paperwork of obtaining a consent is waived; the construction itself must be up to code in all respects (structure, weather-tightness, insulation, etc.). In other words, your small dwelling has to be just as safe and durable as if it were consented – it’s not a DIY free-for-all.

• Size and Design Limits: The exemption applies only to a single-storey, standalone dwelling with a net floor area of 70 m² or lesstradeleader.carters.co.nztradeleader.carters.co.nz. It cannot exceed 1 m off the ground and 4 m total heighttradeleader.carters.co.nz, and it must be at least 2 m from any property boundary or any other building on the sitetradeleader.carters.co.nz. (These spacing rules help manage fire risk and privacy.) You also can’t include a mezzanine or second floor. Essentially, this is meant for modest single-level backyard units.

• Licensed Professionals Required: Crucially, you must use authorized, licensed professionals to do the workrnz.co.nztradeleader.carters.co.nz. The law requires that construction is carried out or supervised by Licensed Building Practitioners (LBPs) – e.g. qualified builders – and that registered tradespeople handle plumbing, drainage, gas and electrical services. You cannot just have an amateur build the unit; a DIY project still needs professional oversight. This ensures competent people are accountable for the build quality.

• Council Notification: While you don’t need to apply for a building consent, you do have to notify your local council when you start construction and when the build is completernz.co.nztradeleader.carters.co.nz. This is important – it keeps the council informed for records (so the new building can be added to your property file and rating valuation) and allows them to do any spot checks if needed. When the project is finished, you’ll notify council so they know the work is done. There won’t be the usual council inspections and final Code Compliance Certificate (CCC) process, but record-keeping is still required.

In short, starting in 2026, you can put up a small self-contained cottage in your backyard without the months-long consent paperwork and fees. Government ministers have noted this change could add thousands of new affordable dwellings over the next decadernz.co.nz and give families more housing optionsrnz.co.nz. It’s a big win for homeowners looking to maximize their property. You’ll save money on consent application costs (which often run in the thousands of dollars) and save time by avoiding council processing delays.

Example: Under current rules, building even a simple sleepout or minor dwelling meant hiring an architect or designer for plans, paying council fees, and waiting up to 20 working days (often longer) for consent – before construction can even start. Those steps can easily add $5,000–$10,000 or more to a project (by our own experience at Aries Builders, factoring in design costs, council consent fees, and inspection charges). With the new exemption, a lot of that upfront cost disappears. You can invest more in the build itself rather than paperwork, as long as you follow the standards. This aligns with the government’s goal of cutting bureaucracy to reduce housing costsrnz.co.nz.

What Are the Limits and Requirements?

To clarify what you can and cannot do under the granny flat exemption, here’s a breakdown of key requirements:

• Must be a new, standalone structure – You can’t convert part of an existing house under this rule; it’s intended for a separate small building on the same sectiontradeleader.carters.co.nz. (Converting a garage or adding onto your house still requires consent as usual.) Also, the exemption only applies to new builds after the law takes effect – anything already underway or built prior still needed a consenttradeleader.carters.co.nz.

• Single household use – The unit has to qualify as a “detached dwelling” for one household per Building Code definitionstradeleader.carters.co.nz. In practical terms, that means it needs the usual amenities of a small home: sleeping space, bathroom, possibly a kitchenette. Yes, your granny flat can include a kitchen and bathroom – it’s meant to be self-contained.

• Plumbing and Drainage – If you’re connecting to public water or sewer, those connections must be done properly (and usually, only a registered drainlayer/plumber can alter those). The regulations specify that standard acceptable solutions for plumbing (Building Code clauses E1, G12, G13) must be followed for the drainage, water supply, and wastewater systemstradeleader.carters.co.nztradeleader.carters.co.nz. In plain language: your little dwelling’s plumbing must be designed to the normal code spec. If you’re on tank water or a septic system (no town supply), the on-site systems also have to meet code and be appropriately designedtradeleader.carters.co.nz. All plumbing and drainage work will need sign-off by a licensed plumber and drainlayer – the same as it would under a consent, just without the council reviewing it.

• Electrical and Gas – Any electrical wiring must be done by a licensed electrician who will issue a Certificate of Compliance for electrical safety (this is standard for any build – consents or not, New Zealand law requires licensed electricians for wiring). If you install gas appliances, a registered gasfitter must do that work. The dwelling needs its own independent connections for utilities (power, gas) unless it’s sharing with the main housetradeleader.carters.co.nz.

• Structural specifics – The building must use lightweight materials for key structural elements: light timber or light steel framing, a roof weighing under 20 kg/m², and wall cladding under 220 kg/m²tradeleader.carters.co.nz. These constraints are to ensure the design is “simple” and low-risk (e.g. no heavy masonry walls or concrete tile roofs that would need extra engineering). Fortunately, most small home or cabin kits already meet this – typical timber-framed construction with weatherboards or lightweight cladding is fine.

• No Level-Entry Tiled Showers (Yet) – One interesting caveat: level-entry (curbless) tiled showers are initially not allowed under this exemption unless a new licensed trade class is in placetradeleader.carters.co.nz. This was set because fully tiled showers (flush with the floor) are a known risk area for leaks if not done perfectly. The government plans to introduce a specific license for waterproofing professionals, and once that exists, they will allow level-entry showers in consent-free builds. In the meantime, if your granny flat has a bathroom, you might need to use a pre-formed shower tray or raised step-down shower, or hire a properly qualified waterproofer. (At Aries Builders, we actually welcome this stipulation – it’s crucial that wet areas be done right. We typically use licensed waterproofing specialists, such as our partners at Warmup, for any custom tiled showers to ensure a durable, leak-proof result.)

Keep in mind that resource consent (planning permission) is also being streamlined for these small dwellings. The new law essentially makes a compliant 70 m² granny flat a permitted activity nationwide, overriding many local zoning restrictions. So in most cases you won’t need a separate resource consent either, provided you meet the siting rules (the 2 m from boundary, height limits, etc., which are akin to district plan standards)reddit.com. Always double-check any site-specific constraints (for example, if you’re in a heritage zone or have special covenants), but generally this change removes the typical planning barriers for adding a minor dwelling.

Bottom Line: Come 2026, building a code-compliant tiny home in your backyard will be far simpler. You avoid the ~$5k council consent cost and delay, but you must still build it right and involve the proper professionals. The government expects this will lead to a boom in granny flats and help ease housing pressuresrnz.co.nz. At Aries Builders, we’re excited by the prospect – we love helping clients create high-quality small homes, and not having to wrangle with paperwork will let us focus on the build itself. Just make sure you engage licensed builders and trades who will do the job to code and provide you with the necessary certificates (more on that later).

Simplifying Other Small Builds: Decks, Sheds, and More

 Decks

The granny flat exemption is the headline change, but it’s part of a broader push to simplify consents for minor building work. In fact, some easing of rules for small structures has already come through in late 2025, and more tweaks are on the horizon for 2026. Homeowners planning decks, sheds, garages, or interior renovations may also see more freedom (and less red tape) soon. Let’s look at what’s happening:

• Garden Sheds, Sleepouts & Garages: In 2020 and 2023, laws were changed to allow a range of small outbuildings up to 30 m² to be built without consent (with certain conditions). This includes simple sleepouts, sheds, greenhouses, and the like. Now in 2025, the government went further by removing old location restrictions on these tiny structures. You can build small structures closer to boundaries now without a consent – previously, even a 1 m² tool shed had to be set back from the fence by a distance equal to its height (or else require consent). Under the new rules (effective late 2025), a shed or outbuilding under 10 m² can be built right up to the property boundary, and a single-storey building 10–30 m² need only be 1 m from the boundarysuperiorrenovations.co.nz. These changes acknowledge that with today’s smaller section sizes, the old setbacks were overly restrictivernz.co.nzrnz.co.nz. Now you have more flexibility to utilize your backyard space for storage or a small sleepout without needing permits or absurdly large clearances. (One exception: these reduced setbacks don’t apply if the small building has sleeping or cooking facilities – e.g. a granny flat – because of fire safety near the boundaryrnz.co.nz. But for sheds, workshops, standalone garages, etc., it’s great news.)

• Decks and Porches: Building a low-level deck has actually been consent-free for years – any deck or platform where the fall height is under 1.5 m does not require a building consentbuilding.govt.nz. For example, you could build a spacious ground-level deck or front porch and as long as it’s no more than 1.5 m off the ground at any point, it’s exempt from consent. This isn’t a new 2026 change, but it’s worth noting since many homeowners still ask about “do I need council sign-off for my deck?” The threshold is all about safety: above 1.5 m high, a fall could be dangerous and a consent is needed (along with a code-compliant balustrade). What might change is how such common projects are handled when professionals are involved. The government’s stated goal is to introduce “streamlined risk-based consenting” that considers the size and complexity of a project and the builder’s credentialsassets.national.org.nz. In plain English, this could mean that experienced, licensed builders might be trusted to self-certify more small works in the future. We wouldn’t be surprised if, for example, adding a simple attached deck or verandah to your house becomes easier (or exempt) when an LBP is doing it. Aries Builders’ opinion: We’d like to see consenting requirements for decks relaxed further as long as the work is done correctly by qualified people. Decks are relatively straightforward structures for a competent builder, and removing needless paperwork would save homeowners money – but it’s crucial that things like proper footings, bracing, and safety barriers aren’t skimped on. So any relaxation should still mandate an LBP’s involvement or an engineer’s sign-off for more complex designs.

• Bathroom Renovations (Tiled Showers): One pain point for homeowners has been that certain interior renovations – especially creating a fully tiled level-entry shower in a bathroom – currently require a building consent. This is because it involves critical waterproofing details (and sometimes structural floor alterations). The new granny-flat law actually highlights this issue by forbidding level-entry showers until a licensing regime is in placetradeleader.carters.co.nz. This suggests the government recognizes the need for a specific licensed trade (or certification) for waterproofing and bathroom alterations. We anticipate that upcoming reforms may make bathroom renos easier if done by a properly licensed person. For instance, if you hire a Licensed Building Practitioner builder and a registered waterproofing expert for your bathroom remodel, you might not need a full council consent for things like installing a tiled shower. This isn’t law yet, but it’s a direction of travel. The Building Minister has talked about enabling tradespeople (like plumbers, drainlayers, and perhaps specialized waterproofers) to “self-certify” their work for low-risk jobsassets.national.org.nz, similar to how registered electricians already issue Certificates of Compliance for electrical work without council inspection. Our hope at Aries Builders: If the rules are adjusted, a homeowner could renovate a bathroom – using licensed trades who issue the proper compliance certificates (plumber’s sign-off, waterproofer’s producer statement, etc.) – without the $7k overhead of consents and council inspections. This would make updating bathrooms more affordable for Kiwis. We believe it’s feasible provided strict standards are upheld by the tradespeople. In the meantime, as a homeowner, assume that any new tiled wet-area shower still needs consent unless/until the law explicitly changes. (Installing a like-for-like pre-formed shower might not require consent, but converting a tub to a tiled shower or changing the structure does.) Keep an eye out in 2026 for news on this front – it’s on the industry’s radar.

• Other Notable Updates: A few other small-build changes worth mentioning: Solar panel installations are being made easier, with new exemptions introduced to streamline adding solar PV panels to your roofsuperiorrenovations.co.nz. If your solar setup meets certain size and mounting criteria, you might not need consent (the idea is to encourage renewable energy uptake without hurdles). Also, the government is expanding use of the MultiProof scheme and pre-approved designs to speed up consents for standard housing designsbuilding.govt.nzbuilding.govt.nz. And looking at the big picture, councils are being pushed to modernize – for example, accepting video and photo evidence for remote inspections of worknational.org.nz, and issuing Code Compliance Certificates faster (within 5 days of a final inspection)national.org.nz. These systemic changes aren’t directly about what you can build, but they mean that when consents are needed, the process should become quicker and more tech-friendly.

Overall, the theme of 2025–2026 is “cut the red tape for low-risk building work”. The government wants to free up councils to focus on big, complex projects and make it easier for homeowners and builders to get on with simpler jobs. We’ve seen consent exemptions grow (first for sheds and sleepouts, now for granny flats) and constraints relaxed (like those boundary rules). And more reforms – like risk-based consents and self-certification by trusted professionals – are in the pipelineassets.national.org.nzbuilding.govt.nz.

From a homeowner’s perspective, this is mostly great news. It means projects like adding a studio, building a deck, or converting a garage could be less costly and bureaucratic going forward. But it also shifts responsibility more onto you and your chosen builder to ensure the work is up to standard. We turn next to what that means in practice.

Aries Builders’ Perspective: Why We Welcome These Changes

At Aries Builders, we are excited about many of these upcoming changes. Our company has long advocated for sensible simplifications to the Building Act – we’ve seen firsthand how overly onerous consent requirements can put people off worthwhile projects or add lots of expense for little benefit. Here are a few reasons we believe these changes are positive, along with some real examples:

• Lower Costs for Homeowners: Ultimately, the cost of extensive paperwork and delays gets passed to the client. When you have to hire an architect or draftsperson to draw official plans for something minor, pay several thousand in council fees, and wait weeks (or months) for approval, that’s money and time that doesn’t go into actual building. By removing consent requirements for well-defined low-risk work, homeowners can save thousands upfront. For example, a simple 10 m² sleepout might cost $20,000 to construct – but if you had to spend $4,000 on drawings and consents, that’s a 20% overhead with no tangible improvement to the build itself. Cutting that cost makes the project far more accessible. The Housing Minister noted that it’s “far too hard to build the homes NZ needs” under the old rulesrnz.co.nz, and we agree – these reforms directly address that by streamlining simple builds.

• Faster Project Timelines: Time is money as well. Eliminating the waiting period for consents (which by law is 20 working days, but in reality can drag much longer if information is requested or queues are long) means a project can start and finish sooner. For instance, if you decide in spring that you’d like a small granny flat or an extension done by Christmas, previously the consent could be the bottleneck that pushes your timeline out. Now, with the 70 m² exemption, a lot of these small builds can start as soon as you’ve engaged your builder and finalized plans. We anticipate a boom in construction activity on the homeowner scale – indeed, commentators have called it a potential “DIY explosion” as people take advantage of the new rulessuperiorrenovations.co.nz. The key difference is they can get underway without the friction of bureaucracy. That’s good for homeowners and also good for builders like us, as we can take on projects without downtime in the pipeline.

• Innovation and Flexibility: When the regulatory burden is lighter, there’s more room for innovation and customization. We’ve found that sometimes, to avoid triggering a consent, homeowners would limit their plans (for example, they might stick with a pre-fab bathroom pod or a small kitset studio) rather than doing something custom that requires full consent. With a more permissive system, a client can be a bit more creative – as long as the design still meets Code. We might see new prefab designs or modular building systems flourish under the granny flat exemption, because companies know there’s a market for consent-free compliant designs. National’s policy specifically aims to allow more innovative products and methods by cutting red tapenational.org.nz. We’re hopeful this will bring better materials and techniques into NZ, which we can then use to build higher-quality, more affordable homes.

• More Housing Supply & Better Use of Land: Stepping back from individual projects, making it easier to build secondary dwellings could have a meaningful impact on housing availability. Many homeowners will now be empowered to add a rental unit or space for family where it wasn’t economically feasible before. The government expects around 13,000 new granny flats in the next decade thanks to this changernz.co.nz. That’s significant – it’s like adding an entire small town’s worth of homes without needing new subdivisions. We have clients already enquiring about building consent-exempt cottages for their elderly parents or as a source of rental income. It’s a win-win: the homeowner increases their property value and passive income, while the community gains an extra dwelling for someone to live in. All without the council having to invest in large infrastructure (since these are on existing sections). In our view, enabling more intensive use of existing residential land is a smart, efficient way to help the housing shortage – and it can be done without compromising building standards.

In summary, Aries Builders is pleased to see these reforms. They align with what we’ve heard “on the ground” for years – that Kiwis want a more commonsense building process. We believe most homeowners are responsible and just need the freedom to get on with it (with the help of trusted professionals). By focusing the council’s efforts on big or risky builds and letting experienced builders sign off simpler ones, the whole industry’s productivity can improve. As one industry group said, these are “the most significant changes for the building industry in a generation” and they are welcomed by buildersnational.org.nz. We agree – this could mark the beginning of a new era where quality homes get built faster and cheaper in New Zealand.

That said, we also know any change comes with potential downsides. We next discuss the precautions and concerns we have, because ultimately our priority is to ensure every project is safe, sound, and fully compliant – consent or no consent.

Quality Control and Concerns: Avoiding the “Cowboys

While we’re enthusiastic about the benefits of these changes, we’d be remiss not to address the elephant in the room: with less council oversight, how do we ensure building work remains high quality? Building consents and inspections have traditionally been a safeguard against shoddy construction. Removing them for certain projects raises a valid concern – could this open the door for unqualified “cowboy” builders to cut corners?

It’s a concern we share, and it’s been echoed by others in the industry and public. As one commenter bluntly put it, “We have building consents for a reason – to protect the public from shoddy building... the only difference [with these exemptions] is losing a process that weeds out the cowboys.”reddit.com. In other words, some fear that without a council inspector looking over a builder’s shoulder, bad practices might slip through, resulting in leaky or unsafe structures that only come to light later.

So how do we mitigate this risk? A few key points give us confidence:

• Code Compliance is Still Law: First, and most importantly, the legal obligation to meet the Building Code remains. Even if a project doesn’t need a consent, the Building Act requires all building work to comply with the Code. If a builder does substandard work and it fails (say a deck collapses or a flat roof leaks), they are in breach of the law and can be held liable. Council inspectors might not catch it upfront, but if a problem surfaces, the homeowner can seek redress and the builder can face consequences. There are still avenues for complaints – for instance, MBIE can investigate work via the complaints process for Licensed Building Practitioners if a Code breach is alleged. Bottom line: Cowboys aren’t off the hook; they’re actually more directly accountable now (no hiding behind “it passed council” excuses).

Licensed Professionals and Accountability: The new system specifically mandates licensed tradespeople involvement, which is a form of quality control. LBPs (Licensed Building Practitioners) are subject to competency assessments and a code of conduct. They stake their professional license on doing things right. Similarly, plumbers, electricians, and gasfitters have their own certification regimes and can lose their licenses or face fines if they flout standards. In practice, this means reputable contractors will self-inspect and test their work carefully, because they know they’re ultimately responsible. Many trades already self-certify aspects of their work (e.g., electricians issue certificates, plumbers provide producer statements for certain work, etc.). The government is even developing a broader “opt-in self-certification scheme” for qualified builders and companiesbuilding.govt.nz, which explicitly aims to “shift accountability to those doing the work” and ensure they have the right competenciesbuilding.govt.nz. So, rather than having council be the enforcer of quality, the onus shifts to the builder/trades and their professional reputations. Good builders welcome this responsibility; fly-by-night ones will hopefully be driven out as consumers learn to demand proof of qualifications.

• Producer Statements and Warranties: Even without a formal consent, you can (and should) document the compliance of the work. For example, at Aries Builders when we do an exempt project, we still operate much like we would under a consent. We ensure the design is sound (sometimes we even get an engineer’s input for peace of mind, though not strictly required). We then have our trades issue certificates for their parts: the electrician’s COC, the plumber’s sign-off (in many cases a PS3 producer statement for plumbing/drainage), the roofer or waterproofer’s warranty for waterproofing, etc. We as the main contractor can also issue a Producer Statement – Construction (PS3) to formally declare we built to Code. These documents collectively serve as a paper trail that the building is compliant. They can be shown to future buyers or insurers if needed. Importantly, they also pin accountability: each trade attests to their part of the work. It’s wise for homeowners to insist on these even if councils aren’t asking for them. We provide them as part of our service because we stand behind our work and want our clients to have full confidence.

• Insurance and Liability Changes: The government has recognized that if councils step back, there needs to be something else to protect homeowners in case something does go wrong. They have announced plans to change the liability framework from “joint and several” to “proportionate liability”national.org.nz. Without diving too deep into legalese: currently a homeowner who suffers from defective building work can recover all costs from any one party deemed responsible (often councils have been targeted because they’re solvent). Under the new proportionate liability system, each party (builder, designer, plumber, etc.) is only liable for their share of the faultnational.org.nz. This makes it even more important that each professional carries their own insurance or warranty. The Building Minister has said they are exploring requiring builders to have professional indemnity insurance or provide home warranty insurance, similar to what some Australian states mandatenational.org.nz. Such insurance would mean if a builder’s work fails and they can’t fix it (e.g. they go bust), an insurer or warranty fund would cover the repairs for the homeowner. At Aries Builders, we maintain comprehensive liability insurance for all our work – we think it should be standard across the industry, especially in a self-certified environment. These measures will give homeowners direct protection and reduce reliance on suing councils.

• Selective Audits and Oversight: Even with consent exemptions, councils and MBIE can still perform random audits or on-site checks of work, particularly if they receive a tip-off. The MBIE has compliance officers, and councils may spot unconsented structures via aerial photos or utility hookup requests. So it’s not the Wild West – there is a deterrence factor that someone might still inspect the work eventually. Plus, when you sell your property, any unconsented building will be flagged in LIM reports. Under the new scheme, you’ll have a record that the building was constructed under the exemption, which is fine – but again, if it’s substandard, it will come back to bite at that stage. This encourages everyone to do it right the first time.

Our advice to homeowners: Hire reputable, licensed contractors with a track record. Don’t be lured by an unusually cheap quote from an unqualified person. With consents out of the equation, the competence and integrity of your builder is the safety net. A good builder will be happy to show you their qualifications, discuss how they will meet Code, and provide you with documentation of compliance at the end. If they brush these off – that’s a red flag.

At Aries Builders, we welcome these changes but only take on projects in a way that maintains high standards. We treat an exempt build with the same care as a consented one. In fact, we often go beyond minimum Code in critical areas like weatherproofing. For example, when building a small studio, we still do full flashing details, proper ground moisture barriers, robust fixings, etc., even if no inspector is coming to check. Our team (from our construction managers to each sub-trade) takes pride in doing it once and doing it right. We value our reputation too much to cut corners – and now that trust is essentially what the system relies on, choosing a builder who values quality is paramount.

In the end, we believe these reforms can work safely if everyone plays their part responsibly. The vast majority of professional builders in NZ care about their craft and their clients. The “cowboys” – the small minority – will find it harder to hide in this new system, because responsibility will land squarely on them without a council in the mix. And with potential requirements for insurance and warranties, even if a bad apple slips through, homeowners should have recourse.

We’ll continue to monitor how these changes roll out, and we’ll be here to guide our clients through them. Now, let’s move on to some Frequently Asked Questions and common concerns we’ve heard about the new building code changes in 2026.

Frequently Asked Questions (FAQ)

Q: Do I really not need a building consent for a 70 m² granny flat?
A: Correct – as of early 2026, a standalone single-storey dwelling up to 70 m² will not require a council building consent under the new lawtradeleader.carters.co.nz. You will need to follow the prescribed conditions (licensed professionals, notify council, meet Building Code, etc.) but you won’t have to submit building consent plans or pay consent fees. This is a major change from earlier rules where even a tiny 10 m² sleepout with plumbing would have needed consent. Keep in mind you should still obtain a Code of Compliance from your trades (like electrical and plumbing certificates) and keep documentation. And you may need a resource consent if you can’t meet certain site requirements, although generally the rule is designed to avoid needing that too. When in doubt, consult your council or a professional – but the intent is that most small secondary dwellings will be consent-free going forward.

Q: What kinds of projects still need a building consent then?
A: Anything outside the specific exemptions will still require a consent. For example, additions to your existing house, structural alterations, or builds larger than the exemption limits remain business as usual (consent required). A 100 m² second house on your section would need consent; only up to 70 m² is exempt. A two-storey tiny home would need consent (exemption is single-storey only). Most renovations inside your home (kitchen remodels, non-structural alterations, etc.) do not need consent, but bathroom upgrades that involve installing a tiled wet-area shower or moving plumbing likely still require consent under current regulations – unless the rules change to include those in self-certification. If you’re unsure, you can reference MBIE’s guidance on work that doesn’t need consentfndc.govt.nz or check with your local council’s “do I need a consent?” advice line. The list of exemptions has grown, but it’s not universal – for anything complex or higher-risk, assume a consent is needed.

Q: How do I prove my unconsented granny flat or deck is legal when I sell my house?
A: This is a great question. When you sell, the buyer’s lawyer will check council records and see that your second dwelling was built under the exemption (meaning no consent/CCC on file). To give the buyer confidence (and to avoid any sale hiccups), you should provide a record of what was done and that it complies. This can include: a copy of the plans/specs used, a letter or certificate from your builder stating the work was done to Code, producer statements or certificates from plumbers/electricians, and a copy of the council notification acknowledgments (when you informed them of the build start and finish). The council may have recorded the existence of the building in LIM reports along with a note like “constructed under Schedule 1 exemption, not subject to consent”. As long as it meets the criteria, that’s perfectly legal. We recommend assembling a little “compliance pack” of those documents for your records. If you used Aries Builders, we’ll make sure you have all that ready. This will reassure future buyers (and their insurers) that the structure isn’t an illegal build – it was done under the new law correctly.

Q: What about decks or porches – can I add those without consent?
A: Yes, you can often add a deck or porch without consent, as long as it’s not possible to fall more than 1.5 m from itbuilding.govt.nz. That’s been an existing rule. For example, a ground-level deck, even if it’s large in area, is fine without consent if it’s low to the ground. If any part of your deck will be higher than 1.5 m off natural ground (like on a steep site or a second-level balcony), then you do need consent because of the safety risk. The new changes in 2026 didn’t specifically change the deck height rule – it remains at 1.5 m. However, there was another exemption (Exemption 43) that allows a small porch or veranda up to 30 m² to be added to a building without consent if it’s designed or reviewed by an engineerbuilding.govt.nz. So if you have a slightly higher or more complex deck in mind, one route (pre-2026) was to get an engineer to sign off the plans and still avoid full consent. Going forward, as mentioned earlier, we anticipate the government may further simplify processes for things like decks when done by licensed builders. But as of now, check the height and size – if under the limits, you’re good to go; if over, play it safe and get a consent or an engineer involved.

Q: Will council inspectors really not check my granny flat or small build at all?
A: That’s correct – without a consent, there is no routine inspection process by council. The responsibility is on the builder and trades to ensure everything complies. The council’s only role is that you notify them of the project’s start and completion. They might update their property records or, if they have concerns (say a neighbour complains something looks unsafe), they could potentially investigate. But they won’t be scheduling inspections like they do for consented jobs (foundation, framing, etc.). This is why choosing the right professionals is critical. Think of it this way: the inspection still happens, but it’s done by your builder and subcontractors continuously as they work, rather than a council officer at a few points in time. A diligent LBP will inspect their own work and their team’s work to make sure it’s up to standard, because they know ultimately they are signing it off. In some cases, you could also hire a private building consultant to do a third-party inspection for your peace of mind (this is optional, not required). Also note: if you’re building in stages or having milestones, you can still call the council for advice at any point. They just won’t formally “pass” the work as they would with a consent.

Q: What if something goes wrong or is done wrong in a consent-free build? Who is liable?
A: The builder and relevant trades are liable – not the council. Under the new proportionate liability law, each party is responsible for defects in the work they didnational.org.nz. So if, for example, a leak is traced to poor waterproofing in a shower, the liability falls on the builder (and possibly the waterproofer, if separate) who did that work. Homeowners are protected by general consumer laws and can make claims against the contractor just as they could if it were a consented job. The main difference is you can’t fall back on “council signed it off, so they should have caught it” – the council won’t be involved. This is why the government is looking at requiring builders to carry insurance or warrantiesnational.org.nz. In the meantime, reputable builders often have insurance that could cover remediation costs if somehow a major defect occurred and the builder couldn’t fix it. At Aries Builders, we carry such insurance and also offer a warranty on our work. So if anything isn’t right, we put it right – that’s our commitment. Homeowners should check that whoever they hire will stand behind their work and has the financial backing (insurance or otherwise) to honor that. Don’t be afraid to ask your builder for proof of their liability coverage or warranty program. It’s part of doing due diligence in this new landscape.

Q: Some people online say this could result in “wild west” building – how do I make sure I’m not getting a shoddy job?
A: It comes down to choosing professionals wisely and insisting on quality. The law itself is counting on market forces – that good builders will get more work and bad builders will be driven out by reputation. To make sure you’re on the right side of that equation:

• Check credentials: Use an LBP for any significant building work. You can verify a builder’s license on the LBP register. Similarly use registered plumbers, electricians, etc. Don’t just take someone’s word – actually see their qualifications.
• Check experience and references: Does the builder have experience with the type of project? Ask to see past work or speak to previous clients. Established builders have a reputation to uphold.
• Get a clear contract: Even if no consent, always have a written contract that specifies the work will comply with the Building Code and relevant standards. A legitimate contractor won’t hesitate on that. Also ensure they’ll remedy any defects discovered.
• Demand documentation: Let your contractor know upfront you expect all the relevant producer statements and certificates at the end. A pro-active builder will likely tell you this themselves. If someone balks at providing documentation or says “you don’t need that, don’t worry about it,” that’s a red flag.

By taking these steps, you greatly reduce the chance of a poor outcome. The vast majority of issues with subpar building in NZ have historically come from either unqualified people doing work (sometimes illegally) or cutting corners under little oversight. With these new rules, oversight is basically transferred to you as the client and to the professionals you hire. So be engaged in your project – you don’t have to micromanage, but stay informed. At Aries Builders, we actually enjoy when clients take an interest in the details; we’re happy to explain what we’re doing to meet Code at each stage. A builder who is transparent and communicative is usually a builder who’s doing things right.

Q: Will these changes reduce the cost of building a home or doing a renovation overall?
A: They should reduce non-construction costs and possibly indirectly put downward pressure on build costs. For example, not having to pay for consents, or being able to use more competitively priced imported materials (since the government is allowing easier approval of overseas-certified productsnational.org.nz), can save money. But core construction costs (labour, materials, etc.) remain significant and are subject to market conditions. You might save, say, $5k on avoiding a consent, and perhaps some cheaper materials might knock off another few thousand. On a $150k small build, that’s a noticeable difference. On a larger $500k project, the percentage saving might be smaller. However, there’s another aspect: speed and efficiency. If projects can be completed faster (thanks to no waiting on paperwork and less stop-start for inspections), “time-related costs” like prolonged site overheads, interest on construction loans, or rental accommodation for owners during renos could be reduced. There’s also the potential for more competition and innovation in the sector (prefab options, etc.), which could help with affordability. In summary, yes – these changes aim to make building more cost-effective, especially for small-scale projects. Homeowners should see modest cost reductions and quicker turnaround times, which improves value for money.

Q: I’ve heard about self-certification and private consents – what are those and do they affect me as a homeowner?
A: In addition to the exemptions, the government is working on broader reforms like private consenting authorities and self-certification schemes. Private consenting would allow approved companies to process building consents (like private inspection services, competing with council BCAs). Self-certification, as mentioned, would let certain skilled builders or firms sign off their own work for low-risk projects without needing a council consent at allbuilding.govt.nz. For now, these are still in development or pilot stages – you likely won’t interact with them immediately as a homeowner in 2026 unless you’re part of a trial. Over time, though, you might have the option to hire a private company to handle your building consent (if, say, the council is slow or you prefer a one-stop-shop approach). Or if you hire a “Certified Self-Certifier” builder in the future, they might be able to do your whole project with no council involved, even if it’s not under the blanket exemptions. The goal is to create a more competitive and efficient system. We’re watching these developments closely. At the end of the day, you’ll still get a safe building – these are just different methods of getting the compliance assured. We’ll keep our clients informed as these options become available. Right now, the big immediate changes are the ones we’ve discussed: the specific consent exemptions for certain sizes and types of work.

We hope this deep dive has helped demystify the 2026 building code and consent changes. In summary, New Zealand is moving toward a more streamlined building process, especially for small-scale residential projects. Homeowners stand to benefit through lower costs and quicker builds, like being able to put up a granny flat or a large deck without jumping through as many hoops. Aries Builders is optimistic about these changes – we believe they will allow us to deliver projects more efficiently to you, our clients, while still maintaining the high quality and compliance that we insist on.

Our final advice: Embrace the new opportunities (finally, that sleepout or minor dwelling you’ve dreamed of might be within reach!), but do so wisely. Use professionals, plan diligently, and don’t cut corners on quality. We’ll make sure that even if the paperwork is lighter, the build itself is rock-solid and fully up to code.

If you have any questions about how these new rules might apply to your specific project, or you’re considering a small build/renovation under the updated regulations, feel free to contact Aries Builders. We’re happy to help navigate the process and ensure your project is a success from start to finish.

Disclaimer: This article is general information only and reflects both current regulations and Aries Builders’ professional opinions. It is not intended as building, engineering, or legal advice. Building requirements can vary depending on your site, design, and council rules. Please seek project-specific advice before starting any building work.

Sources & References: Government announcements and news reports were used to compile the factual information in this article, including Radio NZ reporting on the law change for granny flatsrnz.co.nzrnz.co.nz, official MBIE guidance on consent exemptionstradeleader.carters.co.nzbuilding.govt.nz, and National Party policy statementsnational.org.nzassets.national.org.nz. Opinions expressed are our own professional views.