The granny flats exemption allows certain small, standalone dwellings to be built without a building consent.

Exemptions from building consent and resource consent are available for small standalone dwellings/minor residential units from 15 January 2026.

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.

Council’s role is to provide information, issue Project Information Memorandums (PIMs) and store records – not to approve, inspect or certify exempt granny flats. Council is not responsible for approving eligibility for the exemption, verifying, inspecting, or guaranteeing compliance with the exemption criteria.

The issuance of the PIM does not confirm the proposed dwelling is exempt from building consent or resource consent. Homeowners are responsible for compliance with all exemption conditions of the Building Code and District Plan.  This includes the requirements of Clause 2 of Schedule 1A of the Building Act 2004. If in doubt, engage a licensed building professional.

If the exemption conditions are not met, a building consent is required. Non-compliance may result in enforcement action against the homeowner and/or the licensed building professional responsible for the work. Further information regarding the building consent exemption can be found on the MBIE website.

The planning regulations can be found on the New Zealand Legislation site(external link).

The two exemptions have similar criteria, but there are some important differences. The general criteria are set out in the table below.

Requirement for a PIM

General requirements Planning exemption (NES) Building exemption
Location of property Residential, rural, mixed-use and papakainga zones No limit
Number of units 1 No limit
Existing house on site Yes No
Standalone/detached building Yes Yes
Size

70m2 or 80m2, depending on zone

 70m2
Setback from the road boundary

Residential: 2m, less if the District Plan allows

Rural: 10m, less if the District Plan allows

Other zones – as per District Plan

 2m
Setback from other boundaries

Residential: 2m, less if the District Plan allows

Rural: 5m, less if the District Plan allows

Other zones: as per District Plan

Rail corridor: 4m

 2m
Separation from other buildings 2m from the main house 2m from all buildings
Building coverage

Residential: 50% 

Other zones: as per District Plan

 No limit
Number of storeys No limit 1
Finished floor level As per the District Plan flood rules Max 1m above ground
Height No limit Max 4m above FFL
Notification to Council No

PIM is required before starting. 

Final design plans provided on completion
Additional requirements See below See below


Additional requirements

  • Units must also comply with the following District Plan rules:
    • Chapter 5 – Natural hazards (flood, slope instability, coastal/tsunami)
    • Chapter 6 - Waterway setbacks, airport noise, sensitive activities near road or railway, Lyttelton Port noise
    • Chapter 8 - Earthworks
    • Chapter 9 – Heritage, Ngai Tahu values, coastal environment, outstanding natural landscapes, indigenous biodiversity
    • Chapter 14 – Industrial interface, wastewater capacity, and electricity line setbacks.
  • NES for Managing Contaminants in Soil to Protect Human Health also applies where land is potentially contaminated by previous hazardous activity. 

  • The building work must comply with the building code.
  • The building work (including design work) is Restricted Building Work and must be carried out by authorised persons (LBP, Plumber, drainlayer, gasfitter, electrician as applicable),
  • The owner/builder LBP exemption cannot be used with the small standalone dwelling exemption.
  • No building work may start until a Project Information Memorandum (PIM) for the dwelling has been issued. 
  • The building work may only continue until the PIM lapses, 2 years after the date of issue.

  • Make sure all the actions required by the exemption have been carried out - Granny flats exemption: completion checklist(external link).
  • The building work must be completed within 2 years from the date of issue of the PIM.
  • After 2 years, the PIM lapses unless an extension of time has been approved.

If the PIM lapses and the building is not complete, no further work may be carried out under the Small Standalone Dwelling Exemption; a separate compliance pathway must be followed to complete the building, such as a building consent for the remaining work. 

A notice to fix may be issued, and a Certificate of Acceptance may be required. 

If building work is completed within 2 years, the homeowner must provide to the Council within 20 working days of the building’s completion:

  • Final design plans
  • All Records of Work
  • All certificates of compliance
  • Payment for development contributions, if applicable

Completion documentation must be emailed to vetting@ccc.govt.nz.