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Granny flats (Small stand-alone dwellings)

Know the rules before you start

You can build a granny flat on your property without having to obtain building or resource consents subject to certain exemption conditions or criteria, according to these two pieces of legislation:

  • Building regulations - Building and Construction (Small Stand-alone Dwellings) Amendment Bill
  • Planning regulations - National Environmental Standards for Detached Minor Residential Units 2025 (NES-DMRU)

Building Requirements

To qualify for the building consent exemption you must meet all of the building consent exemption conditions, and you must apply for and receive a Project Information Memorandum (PIM) before beginning works. 

Make sure you check the exemption criteria before submitting your PIM application (Building design conditions checklist).  Some of the basic criteria includes (but is not limited to):

  • The building must be:

-        new

-        single story

-        stand-alone/detached

-        self-contained and intended for a single household or family

  • Dimension and location requirements:

-      a floor area of 70 square metres or less.

-      a maximum floor level 1 metre above the supporting ground.

-      a maximum building height of 4 metres above floor level.

-      set back of 2 metres or more from other residential buildings and or legal boundaries (Note planning requirements may be different please check below).

-       not be built across boundaries between allotments

  • Certain construction materials must be used. Refer to the checklist link above.
  • Compliance with water, drainage, foul water, electricity and gas criteria must be met.

Submit your PIM application online here.

Please ensure you are completing the correct application (Form 2AA: Application for project information memorandum for non-consented small standalone dwelling).

Make sure all the actions required by the exemption have been carried out (refer to the Granny flats exemption: Completion checklist). You are required to submit this documentation to council once you have completed your work.

For further information including step-by-step guidance visit: Granny flats exemption: Guidance and resources | Building Performance

Planning requirements

The NES-DMRU regulations provide for 1 x DMRU (granny flat) per site as a permitted activity within the following zones:

  • Residential zones
  • Rural Zones
  • Maori purpose zone
  • Mixed use zone

Refer to the District Plan to find out what zone your site is within.

The DMRU must also comply with the following standards and requirements:

In residential zones

·   Have a maximum of 50% building coverage

·   Have a minimum front, side and rear boundary setback of 2 metres

In rural zones

·     Have a minimum front boundary setback of 10 metres, and minimum rear and side boundary setbacks of 5 metres

In Maori purpose zones

·      Comply with the site boundary setback requirements for the Maori purpose zone as outlined in the District Plan (Refer to Rule MPZ-S3)

In Mixed use zones

·      Comply with the site boundary setback requirements for the Mixed use zone as outlined in the District Plan (Refer to Rule MUZ-S3)

Across all zones

·   Have a maximum floor area of 70 square metres

·   Be set back a minimum of 2 metres from the principal residential unit

·   A DMRU must also comply with rules and standards in the District Plan that deal with the following matters where applicable:

    • subdividing land
    • protecting important natural or cultural sites
    • using the DMRU for non-residential purposes
    • papakāinga (communal Māori housing)
    • earthworks
    • any health and safety requirements that also apply to the main house, such as:

-      natural hazards (for example: minimum floor level requirements to manage flood effects),

-      reverse sensitivity (for example: setbacks from neighbouring industrial sites, Noise insulation standards set out in DP Rule NOISE-S3)

-      site-specific infrastructure requirements (for example: water, wastewater, and stormwater).

Please note that the District Plan rules for the applicable zone may have more lenient setback or building coverage requirements than stated in the NES above, in which case the District Plan rule can apply.

If your DMRU does not comply with the requirements of the NES or alternatively the District Plan then you must apply for and obtain resource consent before building your DMRU.

You also need to check your Record of Title which may have easements, covenants and consent notices that restrict what you are wanting to do.

If you are not sure if your proposed DMRU will meet the permitted activity standards or require resource consent, the PIM you are required to apply for and obtain from Council under the building regulations will indicate whether or not you are likely to require resource consent.

For formal confirmation that your proposed DMRU is permitted under the planning regulations you would need to apply for a Certificate of Compliance.

The Council may take enforcement action under the Resource Management Act (RMA) 1991 if your activity does not comply with the District Plan, a National Environmental Standard, or conditions of a resource consent or consent notice. Non-compliance may incur additional costs. 

Infrastructure requirements

There are requirements and restrictions applicable to infrastructure for granny flats, these include (but are not limited to):

  • You must comply with all NPDC bylaws notably Water, Wastewater and Stormwater, Waste Management and Transportation. All bylaws can be found here.
  • Check that your proposed location is not being built over or near council infrastructure using our GIS Viewer. No structure can be built within 1.5m of any NPDC asset OR it must be the depth of the of the pipe + diameter of the pipe + 0.2m (whichever is greatest)
  • Development contributions are likely payable, please check the policy here to see if your development will include development contributions.

You may also want to apply for a new water connection, this way you can track each residential unit’s water usage. Please apply here

If you have further questions, please contact us: 

Phone: 06 759 6060 

Email: Enquiries@npdc.govt.nz