The New Granny Flat Law Has Now Come Into Effect
- The new 70sqm granny flat law is now officially in effect
- Certain granny flats can now be built without a building consent
- The exemption applies only if specific conditions are met
- Granny flats must still comply with the NZ Building Code
- Work must be completed or supervised by licensed building professionals
Big news for homeowners across New Zealand, the new granny flat law we’ve been talking about is now officially in effect! As of 15 January 2026, property owners can build certain granny flats without needing a traditional building consent, but it’s important to understand exactly what this means and what rules still apply. This update follows our earlier blog “The latest on the 70sqm Granny Flat Rules” and confirms the changes are now live.
What Has Changed?
Under the new legislation, you can construct a granny flat (also called a “small standalone dwelling”) of up to 70 square metres without a building consent, saving time and money compared with the standard consenting process. What sounds like a “no consent” rule isn’t a free-for-all, there are clear conditions that must be met to qualify for the exemption.What You Still Need to Comply With
Just because a granny flat may be consent-free doesn’t mean there are no requirements. To build under the exemption and avoid a full building consent, your project must meet several key conditions:
The dwelling must be no more than 70 m² in floor area.
The structure must be a standalone dwelling, not connected to another building.
Even without consent, the granny flat must meet all applicable New Zealand Building Code requirements for safety and performance.
Licence and Supervision: All work must be carried out or supervised by licensed building professionals to ensure quality and compliance.
All work must be carried out or supervised by licensed building professionals to ensure quality and compliance. professionals to ensure quality and compliance.
You must notify your local council before you begin building and once construction is completed. Council notification does not give council the power to stop the build, but it ensures the structure is recorded and can be serviced appropriately.
The exemption doesn’t override other planning rules. For example, dwellings in flood zones or hazardous areas may still need full consent, and standard land use requirements (like setbacks such as 2m from boundaries & other buildings, and site coverage) still apply.
What This Means for You
This law change is a significant step toward making secondary dwellings more accessible, whether you’re looking to:- House family on your property
- Create a rental space for extra income
- Add flexible living space like a home office or guest suite