No Building Consent under 70sqm

All building regulations still apply under the new rules to come, the only change is the removal of the building consent fee, which is a small part of overall costs. This guide is not a legal document or a construction manual. It provides a practical overview of the key conditions and considerations involved in building under the new exemption. Understanding these nine points will leave you far better prepared than most homeowners considering a granny flat under the 2026 rules.

Understanding New Zealand’s Building Consent Exemption Pathway

Under current New Zealand building regulations, some standalone residential buildings up to 70 square metres may be constructed without a building consent, only where strict conditions are met.

This pathway is not automatic, not guaranteed, and not suitable for every site or design.

We help clients understand whether their project may qualify, and we ensure that all work is carried out lawfully, safely, and in accordance with the New Zealand Building Code.

What Is the 70m² Building Consent Exemption?

The 70m² exemption is a limited consent-exemption pathway that allows certain small, simple residential buildings to be built without applying for a building consent, provided that specific legal and technical criteria are satisfied.

This exemption:

  • Applies only to standalone buildings

  • Does not override the New Zealand Building Code

  • Does not remove responsibility from the property owner or builder

  • Requires professional involvement and council notification

Important Legal Clarification (Please Read)

A building consent exemption does not mean the building is unregulated.

All exempt work must still:

  • Comply fully with the New Zealand Building Code

  • Meet planning, zoning, and district plan rules

  • Be carried out using accepted construction methods

  • Be safe, durable, and fit for purpose

Failure to comply can result in:

 

  • Council enforcement action

  • Removal or alteration of the building

  • Difficulty selling or insuring the property

  • Personal liability for the owner

Key Eligibility Criteria (All Must Be Met)

A project may be considered for the 70m² exemption only if all of the following apply:

1. Maximum Net Floor Area-70sqm

  • For the purpose of the 70m² threshold, floor area is calculated as the net internal floor area, measured between the finished internal faces of external walls.
  • Decks, canopies, and external structures may be assessed separately
  • Any design that exceeds this limit, even unintentionally, may trigger the requirement for a full building consent.

2. Standalone, single-storey, and self-contained

The building must:

  • Be fully detached

  • Not be physically connected to any other structure

  • To qualify for the exemption, the granny flat must be new, standalone, single-storey (no mezzanines), and designed as a self-contained dwelling for one household.

3. Simple Design & Construction

The exemption is intended for simple, low-risk buildings only.

Typically this means:

  • Regular building shape

  • Conventional foundations

  • Standard light weight steel or timber framing systems

  • Straightforward roof forms

  • No complex structural elements

*We use reliable building systems and materials that meet all performance, durability, and regulatory requirements.

4. Natural Hazard Checks Still Apply

  • As part of their assessment, councils will consider whether the site is subject to natural hazards, including flooding, slips, or erosion.

  • If hazards are present, design changes or a building consent may still be required.

*We check site suitability early and design with these factors in mind to avoid delays later on.

5. Compliance With the New Zealand Building Code

Even without a building consent, the building must comply fully with the Building Code, including (but not limited to):

  • Structural strength and stability

  • Durability and weather-tightness

  • Fire safety and egress

  • Moisture control and ventilation

  • Sanitary facilities

  • Energy efficiency

There are no exemptions from these performance requirements.

6. Height, Boundary and Placement Must Be Met

  • There are limits on building height, floor level above ground, distances to boundaries, and separation from other dwellings.

  • Placement that does not comply may affect eligibility for the exemption.

*We design homes to fit your site properly and stay within the required limits.

7. Plumbing, Drainage, and Services Must Be Compliant

  • Services are required to connect to approved reticulated networks where available, or comply with recognised acceptable solutions for on-site servicing.

  • Any non-compliance with service requirements may lead to delays in completion and final documentation.

*We coordinate licensed trades to ensure all services are installed in accordance with requirements and correctly documented.

8. Licensed Building Practitioner (LBP) Involvement

Where required by law:

  • Restricted Building Work must be carried out or supervised by an LBP, with licensed trades completing specialist work such as plumbing, drainage, electrical, and gas fitting.

  • Construction must follow accepted residential building practices

  • Proper records of construction must be kept

9. Council Notification Is Mandatory

Even where a building consent is not required:

  • Council must be notified before construction begins

  • Before building starts, homeowners must submit a Project Information Memorandum (PIM) to their local council.
  • The PIM identifies site-specific considerations such as services, natural hazards, and potential infrastructure or development contributions.

  • Council may inspect the site

  • Council may request information or documentation. 

  • Final records would be required after completion. LBPs are responsible for ensuring work meets the Building Code and that required documentation can be completed and submitted at the end of the build.

Skipping notification is not permitted. A PIM is not an approval process. It provides early information to help you understand your site and any constraints before building begins.

Do I Still Need a Geo Report?

Often, yes.
A building consent exemption does not remove the requirement to confirm that ground conditions are suitable for construction.

While a formal building consent may not be required for certain buildings under 70m², the New Zealand Building Code still applies in full, including requirements for ground stability and foundation performance.

A geotechnical assessment is strongly recommended (and often effectively required) if any of the following apply:

  • Sloping sites

  • Coastal or reclaimed land

  • Clay, peat, or soft soils

  • Sites with known fill

  • Flood-prone or high-water-table areas

  • Earthworks are required

  • Council hazard overlays apply

In many of these cases, standard NZS 3604 foundations cannot be assumed without confirmation.

In limited situations, a full geotechnical report may not be necessary, for example:

  • Flat sites

  • Known “good ground”

  • Minimal or no earthworks

  • Shallow, standard foundations

  • No hazard overlays

 

Even in these cases, a desktop assessment or engineer’s confirmation may still be recommended.

Before building work starts

  • Council notification is required before construction begins.
    Homeowners must notify their local council of their intention to build by lodging a Project Information Memorandum (PIM) using the new prescribed form. This allows councils to provide relevant site information and assess any applicable development contributions.

  • Council feedback is advisory, not an approval.
    Councils will advise whether specific aspects of the proposed building work are likely, unlikely, or uncertain to meet the building consent exemption criteria. This advice is not an approval, and homeowners may choose to proceed regardless of the feedback provided.

  • Natural hazard sites may still require consent.
    If the land is affected by a natural hazard as defined under section 71(3) of the Building Act 2004, a building consent may still be required. This is unless adequate measures are in place to protect the land, the building work, or other property from the hazard.

  • Build timeframe applies.
    Homeowners have two (2) years from the PIM issue date to complete the building work.

  • Expired PIMs must be renewed or extended.
    If the PIM lapses before construction is completed, a new PIM must be obtained, or the homeowner must discuss a timeframe extension with the council. This ensures all information remains current and that construction continues to meet Building Code requirements.

When building work is complete

  • When is building work considered complete?
    Building work is considered complete once the homeowner has received all required documentation from licensed building professionals. This includes all relevant Records of Work (RoW), Certificates of Work, Certificates of Compliance, Electrical Safety Certificates, and Gas Safety Certificates (where applicable).

  • As-built plans must be submitted to council.
    Within 20 working days of completing the building work, homeowners must provide the council with a full set of as-built plans, including both:

    • Building plans

    • Plumbing and drainage plans

  • Plans must reflect what was actually built.
    The submitted plans must show the final design the home was constructed to. This is an administrative requirement only. Councils do not review as-built plans to assess whether the dwelling complies with the Building Code.

  • Failure to submit documents may result in penalties.
    Homeowners who do not provide the required documentation within 20 working days may be subject to an infringement offence.

  • Development contributions must be paid.
    Any applicable development contributions charged by the council must be paid within 20 working days of completion of the building work.

  • All exemption conditions must be met.
    Homeowners must meet all conditions of the building consent exemption. If these conditions are not met at any stage, a building consent will be required.

  • Timing of the exemption rules.
    The small standalone dwelling building consent exemption is expected to come into force in early 2026.
    Building work that is already underway will not be eligible for the exemption. Councils retain their full powers to investigate and address non-compliant building work.

Keep up to date with future Changes

Small standalone dwelling building consent rules