What Are the New 2026 Granny Flat Rules?
The New Zealand Government has passed the Building and Construction (Small Standalone Dwellings) Bill, which comes into effect on January 15, 2026. This legislation allows small standalone dwellings (commonly called granny flats) up to 70 square metres to be built without a building consent, provided certain conditions are met.
This is a significant change that will make it easier and faster for homeowners to add secondary dwellings to their properties, potentially helping address housing supply while providing options for extended family living or rental income.
Key Requirements for Consent-Free Building
To build a granny flat without building consent under the new rules, ALL of the following conditions must be met:
- Maximum size of 70 square metres (gross floor area)
- Must be a new, standalone, single-storey building
- Must be at least 2 metres from boundaries and other buildings
- Maximum height of 4 metres
- Simple design that meets Building Code requirements
- Work must be carried out or supervised by Licensed Building Practitioners
- Must obtain a Project Information Memorandum (PIM) before starting
- Must notify council before construction and again when complete
- Plumbing and drainage must connect to existing services
What You Still Need to Do
While building consent is not required, there are still important steps and requirements:
- Apply for a Project Information Memorandum (PIM) from Auckland Council - this is mandatory
- The PIM will identify any site-specific issues, hazards, or restrictions
- Pay development contributions to Auckland Council (typically $15,000-$30,000)
- Engage Licensed Building Practitioners (LBPs) for the construction work
- Ensure the building fully complies with the Building Code
- Check if resource consent is required under the Auckland Unitary Plan
- Notify council before starting construction
- Notify council when construction is complete
Auckland Unitary Plan Considerations
The building consent exemption doesn't override the Auckland Unitary Plan rules. You may still need resource consent if:
Under the Auckland Unitary Plan, minor dwellings (secondary dwellings on a property) are generally limited to 65m² in most residential zones. While the national legislation allows up to 70m², if your granny flat exceeds 65m², you may need resource consent for the additional 5m².
Other factors that could trigger resource consent requirements include:
- Exceeding site coverage limits for your zone
- Breaching height-in-relation-to-boundary rules
- Building in special zones (heritage, coastal, flood-prone areas)
- Properties with existing consent notices or covenants
- Sites in natural hazard overlay areas
- Properties where a minor dwelling is not a permitted activity
Cost Savings Under the New Rules
The consent exemption can deliver meaningful cost and time savings:
- Building consent fees saved: $3,000-$8,000
- Consultant fees for consent documentation: $2,000-$5,000
- Total direct savings: $5,000-$15,000
- Time savings: 6-12 weeks faster to start construction
- Note: Development contributions, LBP costs, and construction costs still apply
When Does This NOT Apply?
The consent exemption does NOT apply in the following situations:
- Buildings larger than 70m²
- Two-storey or multi-level buildings
- Buildings attached to the main house
- Buildings closer than 2m to boundaries
- Buildings in flood zones or natural hazard areas
- Construction started before January 15, 2026
- Work not supervised by Licensed Building Practitioners
- Buildings that don't meet Building Code requirements
- Renovation or extension of existing buildings
How to Apply for a PIM in Auckland
To build a consent-exempt granny flat in Auckland, you must apply for a Project Information Memorandum (PIM) before starting any work.
For Auckland Council, email GrannyFlatsBCExemption@aucklandcouncil.govt.nz with:
• Completed Form 2AA: Application for a Project Information Memorandum (PIM) for non-consented small standalone dwelling • Site plan showing proposed location • Basic floor plans and elevations • Evidence of LBP engagement
The council will provide a PIM identifying any site-specific requirements, hazards, or restrictions. You cannot start construction until you have received your PIM.
Site Coverage Rules by Zone
Your total site coverage (all buildings) can't exceed the maximum for your zone. This is often the biggest constraint for granny flat projects.
Single House zone: 35% maximum. Mixed Housing Suburban: 35%. Mixed Housing Urban: 40% (some precincts 45%). Terrace Housing and Apartment: 50%.
Example: On a 600m² site in a Mixed Housing Suburban zone, your total building footprint can't exceed 210m² (35% of 600m²). If your house and garage already cover 160m², you have 50m² of footprint available for a granny flat.
Setback and Height Rules
Regardless of the consent exemption, your granny flat must comply with Auckland Unitary Plan setback and height rules:
- Front yard: same as main dwelling (typically 4m from road boundary)
- Side yards: 1m minimum (2m under the consent exemption)
- Rear yard: 1m minimum (2m under the consent exemption)
- Maximum height: 4m under consent exemption; same as main dwelling with full consent
- Height-to-boundary: 2.5m at boundary plus 45° recession plane in most zones
- Outdoor living space: each dwelling needs at least 20m² with 4m minimum dimension
- Landscaped area: minimum 30–40% of site must remain landscaped
- Parking: one car park per dwelling typically required
Common Mistakes and How to Avoid Them
These are the mistakes we see most often on granny flat projects in Auckland:
- Not checking site coverage first — the #1 reason projects stall. Measure all existing buildings before spending money on design.
- Ignoring height-to-boundary rules — a granny flat in the corner of your section might seem obvious, but the recession plane may limit what you can build.
- Underestimating drainage — Auckland Council will want to know how you connect to stormwater and wastewater. Get a plumber to assess existing drainage early.
- Building without consent — Auckland Council can require demolition of non-consented work. Insurance won't cover it. Never worth the risk.
- Not engaging a builder early enough — involve your builder during design, not after consent, to ensure the design is practical and cost-effective.
- Forgetting about services — water, wastewater, power, and internet all need to reach your granny flat. Factor trenching and connection costs into your budget.
Total Consent Process Costs
If you need full building consent (rather than the 2026 exemption), here are the typical costs for the consent process alone — in addition to construction:
Survey / site confirmation: $500–$1,500. Architectural design: $3,000–$10,000. Structural engineering: $2,000–$5,000. Geotechnical report (if required): $1,500–$3,000. Building consent fees: $3,000–$6,000. Resource consent (if required): $2,000–$8,000.
Total consent process: $8,000–$25,000. For full construction costs, see our Granny Flat Cost Guide.
Timeline: What to Expect
Here's a realistic timeline for building a consent-exempt granny flat in Auckland:
- Design and planning: 2-4 weeks
- PIM application and processing: 2-4 weeks
- Resource consent (if required): 4-8 weeks additional
- Engage builder and finalise contracts: 2-4 weeks
- Construction: 8-16 weeks depending on complexity
- Total timeline: 4-8 months (vs 6-12 months with building consent)
