Contact Us

Granny Flat Exemption Guidelines

Mountain Mods Disclaimer

The information on this page is provided as general guidance only and has been collated from the Ministry of Business, Innovation and Employment (MBIE) and other publicly available sources. It is based on information available at the time of publishing and may change. It does not replace the Building Act, Building Code, local council requirements, or professional legal advice. While we do our best to keep this information accurate and up to date, Mountain Mods accepts no responsibility (to the fullest extent permitted by law) decisions made in reliance on this information.

Introduction

Mountain Mods specialises in homes 70m² and under, making it easy to explore the new granny flat exemption pathway (where eligible). This exemption is designed to make it simpler to add a small standalone dwelling without needing a building consent, as long as the build meets specific requirements. In simple terms, the home needs to:

  • Be a straightforward design that complies with the Building Code
  • Have the council notified before building starts, and again once it’s completed
  • Be built or supervised by Licensed Building Practitioners (LBPs)
  • Meet all exemption conditions required for compliance

We can help you map out the best approach. If you haven’t already, start by requesting a FREE site-specific estimate to kick things off. From there, you’ll be able to see what’s achievable within your budget and get a clear understanding of what to expect when building under the exemption guidelines.

Can you tick ALL these boxes?

  • Is there an existing dwelling on the property?
  • Is the new building 70m² or less (internal floor area)?
  • Is the new building at least 2.0m away from any other building/dwelling?
  • Is the roof height no greater than 4.0m above the finished floor level? if this is not possible talk to us about excavation
  • Is the finished floor level no more than 1.0m above ground level? If this isn’t possible, we can discuss excavation options with you.
  • Is the building at least 2.0m from every boundary? Note: Rural and lifestyle zones often require larger setbacks under the District Plan — we’ll confirm this for your exact site.
  • ✅ If YES to all, the granny flat exemption may apply (no building consent required, if all other conditions are met).
  • ❌ If NO to any, the exemption may not apply and you may need building consent and/or resource consent depending on your site and council rules

Granny Flat Exemption Guidance

Ministry of Business, Innovation and Employment (MBIE) Hīkina Whakatutuki – Lifting to make successful

This document is issued as guidance under section 175 of the Building Act 2004. While MBIE has taken care in preparing the document it should not be relied upon as establishing compliance with all relevant clauses of the Building Act or Building Code in all cases that may arise. This document may be updated from time to time, and the latest version is available from MBIE’s website at: www.building.govt.nz.

Fact Sheets

The granny flats building consent exemption allows homeowners to build a new, standalone, single-storey dwelling up to 70 square metres without a building consent, provided all exemption conditions are met.

  • A council’s role is limited to issuing project information memoranda (PIMs), collecting development contributions and storing records for exempt granny fats.
  • Councils do not inspect, approve or certify compliance for exempt work.
  • Councils must provide site-specifc information and advice in the PIM but are not liable for the compliance of the build.

Forms