Granny Flat Legislation Update – What You Need to Know (2026)
As of 15 January 2026, a new National Environmental Standard now permits Detached Minor Residential Units (DMRUs), commonly known as granny flats, up to a maximum of 70 m² in gross floor area (defined as the overall internal dimensions).
These units may be exempt from building consents and resource consents if all new legislative requirements are met.
Resource consent is not required if the DMRU complies with the national standards outlined below. Where a Council District Plan contains more lenient rules—such as a 1m side boundary setback instead of 2m — the more lenient rule applies. District Plans cannot impose more restrictive standards than those set nationally.
Where Granny Flats Are Permitted
Eligible Zones
Detached Minor Residential Units are permitted in the following zone types:
Residential zones: general, high density, large lot, low density, and medium density
Rural zones: general rural, rural lifestyle, rural production, settlement
Mixed-use zones
Māori purpose zones
Key Development Standards
Residential Zones
Maximum 50% building coverage
Minimum front, side, and rear boundary setback of 2m
Rural Zones
Building coverage follows the applicable District Plan rules
Minimum front boundary setback of 10m
Minimum rear and side boundary setback of 5m
Māori Purpose Zones
Urban areas:
Minimum 3m front boundary setback
Minimum 1.5m rear and side setback
Rural areas:
Minimum 5m front, rear, and side setback
Minimum 5m side boundary
Standards That Apply Across All Zones
A DMRU must also comply with rules and standards in the District Plan that deal with the following matters, where applicable:
Subdivision
Protection of natural or cultural sites
Using the DMRU for non-residential activities
Papakāinga (communal Māori housing)
Earthworks
Health and safety requirements applying to the main dwelling (for example: minimum floor level requirements to manage flood effects)
Reverse sensitivity considerations (for example: setbacks from neighbouring industrial sites or intensive farming activities)
Building Consent Exemption Requirements for Granny Flats (DMRUs)
Granny flats do not require a building consent if the exemption criteria below are met.
You must apply for an Exemption Project Information Memorandum (PIM) before work begins. It is important to note that a key requirement of this process is that no building work has started before the exemption takes effect
All work must be completed by a Licensed Building Practitioner (LBP).
For more information about the exemptions, CLICK HERE.
Checklist
MBE have provided a handy checklist to ensure that all the actions required by the exemption have been carried out - Granny flats exemption: Completion checklist.
How We Can Help
In some situations, building consent or resource consent may still be required. If you need assistance interpreting the new standards or ensuring your proposal meets all requirements, our planning team is here to help.
We can provide expert guidance and support to ensure your granny flat project progresses smoothly.
