Proposed building consent exemption conditions for small standalone dwellings

Earlier this month, the Building Performance team published a checklist of the proposed conditions that must be met when using the small standalone dwellings building consent exemption. This exemption is expected to be in force by early 2026. 

This checklist explains the conditions that you must meet to build small standalone dwellings (also known as granny flats) without a building consent. 

Small standalone dwellings must have a simple design and meet the Building Code 

The building must comply fully with all the relevant requirements of the New Zealand Building Code. 

• ⁠The building must be new and standalone
• The building must be single storey
• The building is classified as housing – detached dwelling (defined by Clause A1 of the Building Code). This means it must:
  • comply with all the requirements of the Building Code that apply to this classified use
  • be intended for a single household or family 

Building Dimensions 

• The net floor area must be no greater than 70 square metres
• The building must have: 
  • a maximum floor level of 1 metre above ground
  • a maximum height of 4 metres above the floor level
• The building must be 2 metres or more away from any other structure or legal boundary 

Construction Material 

• The building must be designed and built using lightweight building products for the roof
• The frame must be built using light steel or light timber
• Wall cladding must have a weight not exceeding 220kg/m2 

Amenities 

• Plumbing and drainage works should be simple and designed and built in accordance with the Acceptable Solutions for compliance with these clauses of the Building Code:
  • Clause E1
  • Clause G12 

• The building must have: 
  • interconnected smoke alarms throughout
  • independent points of supply for electricity and gas (where applicable), and
  • electric or gas heaters.
• Level-entry showers are permitted only once a relevant licence class has been established. 

Building Practitioners 

• All work on a building must be carried out or supervised by licensed building professionals (Licensed Building Practitioners (LBPs) and licensed plumbers, drainlayers, gasfitters and electricians) 
• All building work must have a Record of Work (RoW), Certificate of Work (CoW) and energy work certificate:
  • A new record of work form is proposed for plumbing and drain laying work on exempt small standalone dwellings
  • For small standalone dwellings, energy work certificates may include certificates of compliance, electrical safety certificates and gas safety certificates 

Council Notification 

You must notify your council before you start to build and when building is complete. 

• Building owners must notify their council of their intention to build via a request for a Project Information Memorandum (PIM). This will be through a new or updated PIM form. This enables councils to share relevant information with owners and supports the collection of development contributions. 
• Councils must advise homeowners on whether the proposed building work is likely, unlikely or uncertain to meet the proposed building consent exemption. However, this is not an approval process and homeowners can choose to build irrespective of council advice. 
• Building owners must provide councils, on completion of work, a set of plans (for both building and plumbing and drainage work). These plans must include any changes that occurred between the initial design and the completion of the build. This is an administrative process and councils cannot review built plans to determine if a small standalone dwelling complies with the Building Code.
• Building on land where a natural hazard exists, as defined by section 71(3) of the Building Act 2004, may require a building consent. Land subject to a natural hazard would require a building consent unless a council is of the view that the provisions of section 71(2) would otherwise apply.
• Owners must meet all building consent exemption conditions. Otherwise, owners are required to get a building consent. Existing building work underway is not eligible to be exempt from requiring a building consent. Councils retain their existing powers to address non-compliant building work. 

Take the time to learn about the changes so you can help your clients prepare for the new rules.