A new dwelling
The pathway applies to a newly built dwelling. It is not a general route for legalising existing unconsented work or converting any existing outbuilding.

New Zealand · Current 2026 guidance
Certain new, standalone, single-storey dwellings up to 70 m² can be built without a building consent when every exemption condition is met. The pathway still requires professional design and construction, Building Code compliance, a council PIM before work starts and completion records afterwards.

The short answer
Yes, a qualifying granny flat can be built without a building consent under the exemption in force from 15 January 2026. It is not a blanket exemption for every minor dwelling. The building must be new, standalone, single storey and no more than 70 m², all design and site conditions must be satisfied, licensed building professionals must be involved, and the owner must receive the special granny-flat PIM before starting. A standard building-consent pathway remains available and is required whenever the exemption conditions are not met.
Factual basis: MBIE Building Performance homeowner guidance, last updated 3 July 2026. This page is general education, not an eligibility or consent determination for an individual property.
Before choosing a pathway
01 · Homeowner guide
The exemption is deliberately narrow. Being commonly described as a granny flat, minor dwelling or small home does not by itself make a project exempt.
The pathway applies to a newly built dwelling. It is not a general route for legalising existing unconsented work or converting any existing outbuilding.
The dwelling must be detached. An extension joined to the main house follows the rules relevant to that alteration, not simply the granny-flat label.
The proposal must remain within the exemption's height and form conditions. A second storey or design outside those limits requires another pathway.
The maximum floor area is one condition, not the complete test. A dwelling below 70 m² can still require building consent if another condition is not met.
02 · Homeowner guide
Exempt does not mean informal. The owner remains legally responsible for meeting the Building Code and every exemption condition.
Work through the official due-diligence and design-condition checks with the appropriate professionals. If the proposal cannot meet every condition, apply for building consent.
The relevant design and building work must be carried out or supervised by appropriately licensed building professionals. Plumbing, drainlaying, electrical and gas work also remain regulated.
The special granny-flat Project Information Memorandum must be received before building begins. It provides site-specific council information but is not an approval of the design or work.
The exemption operates separately from planning rules. The NES-DMRU may remove the need for resource consent where its standards are met, but bylaws, covenants, servicing and other controls still need checking.
03 · Homeowner guide
Councils do not carry out normal building-consent inspections for work completed under this exemption, so disciplined quality assurance and records matter.
Even apparently small changes to layout, area, height, materials or services can affect eligibility. Changes should be checked before the affected work proceeds.
Collect design records, records of work, trade certificates, product and construction information, final plans and other required documentation as the project progresses.
MBIE says independent inspections at key stages are optional, not mandatory. They may nevertheless provide useful quality assurance where council inspections do not occur.
Required completion documents must be supplied to the council within 20 working days. Any applicable development contribution must also be paid.
04 · Homeowner guide
A building consent is required if the exemption conditions cannot all be met. Some owners may also choose the standard consent pathway even when exemption appears possible.
Size, storeys, attachment to another building, foundation conditions, services, location or another technical requirement may make the proposal ineligible.
A PIM may identify site information that affects the design. The exemption cannot be used where the relevant natural-hazard conditions are not satisfied.
Lenders, insurers, purchasers or the owner's own risk preference may affect which pathway feels appropriate. Their requirements should be discussed early.
If the build evolves beyond the exempt design, stop and confirm the correct pathway before continuing. The fact that work began as exempt does not preserve eligibility after a material change.
05 · Homeowner guide
Neda Builda can discuss the construction objective, property, access, likely build sequence and what information needs to be resolved before a reliable build conversation.
Stable Group is a separate business under the same ownership and may independently assist with feasibility, planning, design, drafting, architectural services, exemption documentation or a standard consent pathway where appropriate. Clear professional roles remain important: Stable Group handles its planning and design responsibilities, while Neda Builda provides construction delivery.
Frequently asked questions
Possibly. Since 15 January 2026, certain new, standalone, single-storey dwellings up to 70 m² may use the exemption when every condition is met. You must still use licensed professionals, comply with the Building Code, receive a granny-flat PIM before starting and submit completion records afterwards.
No. Floor area is only one requirement. The dwelling's form, location, design, foundations, services, natural-hazard position, professional involvement and every other exemption condition must also qualify.
No. A PIM formally notifies the council and provides site-specific information, but it does not approve the design or certify Building Code compliance.
No. MBIE's homeowner guidance says councils do not approve or inspect exempt work and do not issue a code compliance certificate for it. Owners and licensed professionals remain responsible for compliance and records.
MBIE says the build generally needs to be completed within two years unless an extension is granted. If the PIM lapses, the exemption no longer applies.
Continue planning
This guide summarises current national information. It does not decide whether a specific dwelling is exempt, whether resource consent is required, or whether a proposal satisfies a covenant, bylaw, infrastructure requirement or lender condition. Confirm the pathway with the relevant licensed professionals and council.
A useful first step
Share what you know about the property and the outcome you are considering. Neda Builda can help clarify the construction pathway, with Stable Group available for independent planning, design, architectural and consent work where appropriate.