From 15 January 2026, new legislation provides an easier pathway to build granny flats (also referred to as minor residential units).
Amendments to the Building Act 2004 provide a building consent exemption pathway, while new regulation under the Resource Management Act 1991 (RMA) exempts qualifying proposals from a requirement to comply with certain rules in the District Plan.
The granny flats exemption allows certain small, standalone dwellings to be built without a building consent, provided all conditions are met and licensed building professionals are used.
All building work under the exemption must comply with the New Zealand Building Code.
Homeowners are required to notify Whangarei District Council both before construction begins and after the building work is completed. They must meet specific conditions to be exempt from requiring a building consent when using the granny flats exemption. Not all small buildings will qualify.
Key conditions of the exemption
The dwelling must be:
- new, standalone and single storey
- no more than 70 square metres in floor area (including any internal garage)
- two metres or more from any other residential building or legal boundary
- built using lightweight steel or timber framing and lightweight roof cladding
- wall claddings with a maximum weight of 220 kilograms per square metre
- connected to network utility operator (NUO) systems where available, or have compliant on-site systems
- not contain a level-entry shower requiring a waterproof membrane
- designed and built (or supervised) by licensed building professionals.
All plumbing, drainage, electrical and gas work must be carried out by appropriately licensed professionals and certified as required.
The build must be completed within two years of the PIM being issued – extensions may be granted by Council before the two-year period lapses.
Know the rules for the site before starting work
The Project Information Memorandum (PIM) will tell you the requirements of legislation and district planning.
The granny flats exemption operates alongside the resource management system.
This means a consent may still be required under the Resource Management Act 1991 and National Environmental Standards for Minor Residential Units, depending on what’s permitted on the site.
Other approvals may be needed as well for network utility connections, vehicle crossings or land-use restrictions.
Find out more and get step-by-step guides and checklists for all project stages:
Granny flats exemption: Guidance and resources (building.govt.nz)
Preparing and submitting your application
Once you are ready to submit your application for a Project Information Memorandum (PIM) for small standalone dwelling, follow the steps below.
If you do not have a device for making an online application, please view the 'In person' option.