What the Granny Flat Exemption Actually Is

From 15 January 2026, small standalone dwellings — often called granny flats or minor residential units — up to 70 m² of net floor area can be built without a building consent under new Building Act regulations. Building Performance

This is a building consent exemption — meaning:

• You do not need a building consent if all exemption conditions are met
• You still must comply with the NZ Building Code
• Other requirements (planning rules, council notifications, licensed trades, documentation) still apply
• You must notify your local council before you start and once the build is complete Building Performance

 See the official guidance here:
Granny flats exemption: Guidance and resources — Building Performance (MBIE)
🔗 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 Building Performance

Important: What the Exemption Doesn’t Change

Planning & Resource Consents

The exemption only affects building consents. It does not automatically change:

• District plan rules (setbacks, site coverage, height limits)
• Resource consent requirements under planning laws
• Overlay or natural hazard rules

This means you may still need planning or resource consents if your site doesn’t meet the local rules. Building Performance

You must check your district plan and speak with your council early.

Can You Rent a Granny Flat Built Under the Exemption?

Yes — building consent exemptions do not prohibit renting.
What matters for renting is a different set of rules:

✔ If you decide to rent the granny flat, it must comply with:

• Residential Tenancies Act (rights and responsibilities)
• Healthy Homes Standards (insulation, heating, ventilation, moisture control)
• Any other landlord requirements when you operate a rental property

The exemption simply removes the need for a building consent — it does not affect tenancy law. NZ Legal

👉 Note: Local councils may have planning rules about whether a secondary dwelling can be used as a rental — so check with them first.

Core Exemption Conditions You Must Meet

To build without a building consent, your granny flat must:

✔ Size & Design

• Be standalone (not physically part of another dwelling)
• Have a net floor area ≤ 70 m²
• Be single-storey with a simple design
• Comply with all applicable Building Code requirements (durability, fire safety, moisture control, accessibility, etc.) Building Performance

✔ Licensed Building Professionals

All building work must be carried out or supervised by the appropriate licensed professionals, including:

• Licensed builders (LBPs)
• Licensed plumbers and drainlayers
• Licensed electricians
• Licensed gasfitters (if gas services are used)
  You must collect Records of Work (RoW) and other certificates from all trades and submit them to council. Building Performance

✔ Council Notifications

You must notify your local council:

1. Before you start building
2. After the granny flat is completed and all documentation (RoWs, certificates, plans) is ready Building Performance

Councils use this notification to confirm compliance and to collect development contributions.

Plumbing, Electrical & Other Services

Even though you don’t need a building consent, you do need to comply with specific requirements for:

🛠 Plumbing and Drainage

• Must be done by a licensed plumber or drainlayer
• Must meet the Building Code clauses for sanitary installations and drainage
• Records of Work must be provided and submitted to the council Licensed Building Practitioners

⚡ Electrical

• Must be done by a licensed electrician
• Electrical safety certificates and records of work must be submitted

🔥 Gas & Other Services

• Licensed specialists must handle gas fitting
• Appropriate gas safety certificates and RoWs apply

The exemption doesn’t change these requirements — it just lets you do it without a building consent, but the safety and compliance standards still apply. Licensed Building Practitioners

Timing & Getting the Ball Rolling

When It Starts

The exemption comes into effect once the regulations are in force — expected early 2026, around 15 January 2026. Building Performance

What You Should Do Now

Even if your build isn’t immediate, it’s smart to:

• Start planning now
• Talk to designers and builders
• Check your local council’s district plan
• Understand service connections (water, wastewater, power)
• Consider rental use if that’s part of your plan

Good early planning helps avoid delays later.

Why Work With Aries Builders

We provide more than construction — we offer guidance and clarity:

✔ We understand the 2026 exemption and what it really means
✔ We help you check planning rules and council requirements
✔ We coordinate licensed professionals and compliance paperwork
✔ We scope work carefully so there are no surprises
✔ We keep communication clear and expectations realistic

We’re here to help you build confidently — and correctly.

contact us

Helpful Links You Can Use

Official Granny Flats Building Consent Exemption Guidance
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 Building Performance

Government Media Release on the Legislation
🔗 https://www.beehive.govt.nz/release/granny-flats-get-consent-free-go-ahead The Beehive

Let’s Talk Next Steps

Whether you want to plan your build, check your site’s rules, or simply get a rough idea of costs and timing, we’re here to help.

A short conversation now can make your project smoother later.

Aries Builders
Professional advice. Friendly guidance. Built right.

Auckland-Specific FAQs – Granny Flats (Auckland, 2026)

How close to the boundary can I build a granny flat in Auckland?

In Auckland, boundary setbacks are controlled by the Auckland Unitary Plan, not the building consent exemption.

For most residential zones, typical rules are:

• Minimum setback:
  Often 1 metre from side and rear boundaries
• Front yards:
  Usually 3–5 metres, depending on zone

However, setbacks vary depending on:

• Your zoning (Mixed Housing Suburban, Urban, Single House, etc.)
• Whether the wall is fire-rated
• Building height and orientation

If a granny flat does not meet setback rules, a resource consent may be required — even if no building consent is needed.

What are Auckland’s height limits for granny flats?

Height limits are set by the Auckland Unitary Plan and vary by zone.

Typical limits are:

• Single House Zone: up to 8 metres
• Mixed Housing Suburban: up to 8 metres
• Mixed Housing Urban: up to 11 metres
• Granny flats under the exemption are generally single storey

Height-to-boundary controls also apply, meaning:

• The closer you build to a boundary, the lower the allowed height
• This protects neighbours’ sunlight and outlook

Are there rules about blocking sunlight or shading neighbours in Auckland?

Yes.

Auckland uses height-to-boundary recession planes to control:

• Overshadowing
• Loss of daylight
• Visual dominance

In simple terms:

• Buildings must “slope away” from boundaries at a defined angle
• Taller walls must be further away from boundaries
• North-facing boundaries are more sensitive due to sunlight access

If your design blocks sunlight beyond what’s permitted, resource consent may be required.

Can I build a granny flat right next to a fence in Auckland?

Usually no, unless:

• The design meets fire-separation rules
• The wall is specifically fire-rated
• Planning rules allow reduced setbacks
• A resource consent is obtained

Fire separation is governed by the NZ Building Code, regardless of the exemption.

Does Auckland allow granny flats to be rented?

Auckland Council generally allows secondary dwellings to be rented, subject to planning rules.

However, rental use depends on:

• Zoning
• Site layout
• Infrastructure capacity
• Compliance with Healthy Homes Standards

The building consent exemption does not restrict renting, but planning rules still apply.

Short-term rentals (Airbnb-style use) may have additional restrictions.

Do I still need to notify Auckland Council if there’s no building consent?

Yes.

Under the exemption you must:

1. Notify Auckland Council before construction
2. Provide completion documentation after the build, including:

• Records of Work from LBPs
• Plumbing and electrical certificates
• Final plans

Auckland Council also uses this information to:

• Update property records
• Assess development contributions
• Confirm infrastructure capacity

Do development contributions apply in Auckland?

Yes — in many cases.

Even without a building consent, Auckland Council may charge development contributions for:

• Additional dwellings
• Increased demand on infrastructure (water, wastewater, transport)

This is separate from the building consent process.

Can I build a granny flat on a cross-lease property in Auckland?

Cross-lease properties are more complex.

You may need:

• Written approval from other owners
• A new flats plan
• Legal advice before building

The building consent exemption does not override cross-lease title requirements.

Can I build a granny flat in a flood zone or special area in Auckland?

Possibly — but extra checks are required.

Additional rules apply if the site is in:

• Flood plains
• Coastal inundation zones
• Volcanic or hazard overlays
• Special character areas

In these cases, a resource consent may still be required.

What Auckland zones most commonly allow granny flats?

Granny flats are commonly feasible in:

• Single House Zone
• Mixed Housing Suburban
• Mixed Housing Urban

Each zone has different limits on:

• Site coverage
• Height
• Yard setbacks
• Number of dwellings

Site-specific checks are essential.

What’s the smartest first step in Auckland?

Before spending money on design:

1. Confirm zoning
2. Check yard setbacks and height rules
3. Confirm services capacity
4. Clarify rental intentions
5. Talk to a builder who understands both planning and buildability

Early advice prevents redesigns, delays, and unexpected costs.