The 70m² granny flat consent-free rule (2026): what it actually says

The exemption is contained in Schedule 1 of the Building Act 2004, amended by MBIE's 2025 changes and operative from 15 January 2026. It removes the requirement for a building consent for a single-storey, detached, self-contained dwelling of up to 70 m², provided the design and construction is by or supervised by a Licensed Building Practitioner.

That's it. That's the rule. Three conditions: single-storey, detached, self-contained, under 70 m². Plus the LBP requirement on design and supervision. Plus continuing compliance with the Building Code, which still applies in full.

Resource consent and District Plan rules are completely separate from building consent and still apply. That's the most common misunderstanding floating around at the moment.

Your council can still require resource consent if your granny flat triggers any of the usual District Plan rules: site coverage limits, height-to-boundary, setbacks, heritage overlays, outstanding natural landscapes, coastal hazards, flood plains. Some sections won't be eligible at all.

The exemption requires that the design and construction be done by, or supervised by, a Licensed Building Practitioner. That's a hard requirement, not a 'best practice' or a recommendation.

In practice this means you need an LBP Carpentry or Site Class 1 to take responsibility for the build, and either an LBP Design AOP 1 or an architect for the plans. If you're an owner-builder doing the labour yourself, you still need an LBP supervisor signing off the work.

Supervisor LBPs aren't always easy to find. They take on professional liability for the work. Expect to pay a supervision fee, typically a few thousand dollars for a small build, but that's still much less than a full consent path.

Removing the consent doesn't change the Code. Every clause of the Building Code still applies: B1 structure, B2 durability, C fire safety, D access, E1 surface water, E2 weathertightness, E3 internal moisture, F lighting and ventilation, G7 natural light, G14 internal lighting, H1 energy efficiency, and the rest.

Your LBP designer and supervisor sign off that the build meets the Code. If it doesn't, they carry the professional liability, and the council can still issue a notice to remediate non-compliant work post-build, even without a consent path.

Practically: a granny flat under this exemption still needs the same thermal envelope, the same wet-area waterproofing, the same fire-safety separation if attached to anything else. The paperwork is shorter; the actual building isn't easier.

The exemption applies nationally, but how usable it is depends heavily on your District Plan. Auckland's permissive in-fill rules make it easy in many residential zones. Wellington's coastal and hill sections often have hazard overlays that disqualify. Christchurch's TC2 and TC3 land categories add foundation engineering even without consent. Queenstown's outstanding natural landscape overlays exclude many sections.

Before you commit to anything, pull the LIM for the section. The LIM lists every overlay, hazard note, and special condition that applies. Combined with the District Plan zoning, you'll know within 30 minutes whether the exemption is usable on your specific section.

An exemption-built granny flat is still a legitimate dwelling. The LBP-supervised exemption goes on the LIM record. But banks and insurers are still working out how they treat these dwellings in 2026. Some will lend against them on a normal mortgage, some will load the rate, and some are still on the fence.

If you're building the granny flat for rental income, talk to your bank before you start. Healthy Homes Standards apply to any rental, exemption-built or not. Heating, insulation, ventilation, moisture and draughts all need to meet the standards before you can lawfully rent.

Keep the LBP designer's records, supervisor's signoffs, and any council acknowledgement. These are the equivalent of the build consent paperwork. Without them, future buyers' lawyers will struggle to confirm what was built and how.

Early-mover homeowners are making predictable errors. Avoid these.