You Can Now Build a 70m² Minor Dwelling Without Building Consent in NZ – Here’s What That Actually Means

This is exciting news if you’ve ever thought about adding a minor dwelling, granny flat, sleepout, or rental to your property.

As of 15 January 2026, New Zealand introduced new rules that allow you to build a minor dwelling up to 70m² without needing building consent.

Yes… you read that right. No building consent. 🎉
But (and there is always a but) - there are still rules you must follow to qualify.

Let me break it down in plain English.

First – What Does This Change Actually Mean?

Previously, even a small minor dwelling usually needed full building consent, which meant:

• Time delays

• Engineering and paperwork

• Council fees

• Extra inspections

• More uncertainty and cost

Now, if your build meets certain criteria, you can skip the building consent process entirely - while still building safely and legally.

This makes it faster, simpler, and more affordable to add a second dwelling to your property.

But it’s not a free-for-all. There are clear limits.

The Big Eligibility Rules (The Non-Negotiables)

To qualify for the exemption, your build must tick all of these boxes:

✔️ It must be a brand-new building
You can’t convert an existing garage, shed, or building and claim the exemption. It has to be newly built.

✔️ Maximum size: 70m²
That’s the total floor area (net), including any integrated garage if you have one.

✔️ Single storey only
No upstairs, mezzanines, or second levels.

✔️ Fully detached and standalone
It can’t be attached to your main house and it can’t become your main dwelling. It must be its own separate building.

✔️ Floor height must be low to the ground
The finished floor level can’t be more than 1 metre above the supporting ground at the lowest point of the building.

✔️ It must be self-contained
This means it needs its own kitchen, bathroom, and living facilities — not just a sleepout.

✔️ Only one per property
You can’t build multiple consent-free dwellings on the same site.

Where It Can Be Built

Your property must be in a permitted zone, which generally includes:

• Most residential zones

• Rural zones

• Mixed-use zones

• Māori-purpose zones

However your site also must NOT have overlays or restrictions that trigger consent, such as:

• Flood zones

• Heritage overlays

• Significant natural areas

• High-risk natural hazard areas

• Other sensitive environmental constraints

This is where checking with council early really matters.

Design Rules Still Apply

Even without building consent, your dwelling still has to meet normal planning rules, including things like:

• Height limits

• Boundary setbacks

• Site coverage

So you can’t just drop a building anywhere on the section and hope for the best.

It Still Must Meet the Building Code

This part is really important.

Even though you don’t need building consent, the building must still fully comply with the New Zealand Building Code:

• Structural  

• Weathertightness

• Fire safety

• Moisture control

• Insulation

• Services (plumbing, gas and electrical)  

It must also be designed and built (or supervised) by Licensed Building Practitioners (LBPs).

Specialist work like plumbing, drainage, electrical and gas must be completed by registered tradesmen, and they must provide Records of Work that go to council.

So, the quality and safety standards don’t drop — you’re just removing unnecessary red tape.

You Still Need to Deal with Council (Just Less of It)

Even under the exemption, you must:

• Get a Project Information Memorandum (PIM) from council before starting
  (This confirms site-specific issues like services, hazards, and zoning rules.)

• Notify council before construction starts

• Notify council once the build is complete

So council is still aware of the build - it’s just a much simpler process than full consent.

Can You Rent It Out?

Yes, absolutely.
The minor dwelling can be rented to tenants, not just used for family or guests.

This opens up some really interesting options for:

• Extra rental income

• Housing extended family

• Home offices or studios

• Long-term investment strategies

A Couple of Important Things to Keep in Mind

A few things that can still trip people up:

Private title restrictions still apply.
If your property has covenants, easements, or consent notices on the title, these rules don’t override them. Always check your title.

Some sites will still need resource consent.
If your site doesn’t meet zoning rules, overlays, or setback requirements, you may still need resource consent even if building consent isn’t required.

Always confirm with your local council.
Councils issue the PIM and confirm site-specific conditions. It’s worth getting clarity early so there are no surprises later.

The Bottom Line

This change makes adding a minor dwelling significantly easier and faster than before but it’s not completely “no rules.”

Safety, quality, and sensible planning standards still apply.

If you’re thinking about building a minor dwelling, now is an excellent time to explore what’s possible on your property -  just make sure you get the right advice upfront so everything stays compliant and stress-free.

If you’d like help understanding whether your site might qualify, or what options could work best for your goals, feel free to reach out to our team, we’re more than happy to chat it through.

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