13/05/2025
You may have seen or heard about the new regulations regarding minor dwellings and granny flats. Last year, the Government announced it would change the law to make it easier to build simple standalone dwellings by allowing them to be built without consents up to 70 square meters. Sounds simple right? But no, there is a catch. You won’t be able to simply invite your builder mate around to help knock up a small dwelling over a couple of weekends and build it out of whatever you want. The building must comply fully with all the relevant requirements of the New Zealand Building Code, and there are some conditions that must be met for this exemption to be allowed. Please note that this legislation is still under development and could be subject to change, but here is a summary of latest information about it.
You will still need to get plans done by a registered architect or licensed architectural designer. And you will still need to notify council before you build and submit plans by way of a Project Information Memorandum (PIM) and a consent exemption.
You will still need to pay development contributions towards infrastructure, which could be in the tens of thousands.
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.
Building on land where a natural hazard exists (like flooding, unstable ground) won’t be exempt so you, will require a building consent.
The building must be new and standalone. No second-hand buildings, no attachment to the current house or basement / garage dwellings. No converting your current attached garage or carport.
It must be intended for a single household or family not a home and income.
It must be built by a licensed builder.
Building dimensions must be: Single storey, and a maximum floor level of 1 metre above ground. A maximum height of 4 metres above the floor level, (and here is the killer for most), must be 2 metres or more away from any other structure or legal boundary. There are not many properties that will have the space to accommodate this.
Plumbing and drainage works must be built in accordance with the Building Code by registered plumbers and drainage drain layers.
The building must have interconnected smoke alarms throughout, independent points of supply for electricity or gas (where applicable), and electric or gas heaters.
So, with all these requirements, will it really make a difference? Will it save the owner any time or money? Like any new change to legislation, it will take time for people to get to grips with it so probably not straight away. It is not due to come into force until 2026. This won’t be a simple easy change. There are many laws and government acts that will require amendments. There are many councils that have pushed back against this change, as they are already at a stretch fighting unlawful buildings and non-compliance. Until the law changes, small standalone dwellings still need a building consent.
If you want to know more about building a minor dwelling or any other advice about building in general, feel free to get in touch with me.
