Thinking About a Granny Flat? Here’s What the New Rules Could Mean for You
You might’ve caught wind of the proposed changes to ‘granny flat’ legislation popping up in the news recently—and if you’re a homeowner or developer, it’s worth paying attention. In short: the government is looking to make it a whole lot easier to build a small, standalone secondary dwelling on your property.
This is big news. Potentially game-changing, actually.
The proposal would remove the need for both resource consent and building consent for these small homes—meaning fewer hoops to jump through, faster timeframes, and lower upfront costs. That’s a major shift from where we’re at now.
So, what’s the catch?
Well, the legislation is still in draft form—it hasn’t been passed yet. But based on what we’ve seen so far (and support across political parties), it’s looking likely to go through when it hits Parliament, probably mid-2025. If passed, we could see it come into effect by early 2026.
Until then, the current rules still apply: if you’re looking to build a granny flat right now, you’ll still need the usual building (and possibly resource) consents.
What’s actually being proposed?
While we’re still waiting on the final wording, here’s what we know so far about the proposed conditions you’d need to meet to build without consents:
✔️ The house must be standalone, new, and single-storey
✔️ This is a secondary dwelling and there must be an existing house on the property with the same owner
✔️ Internal floor area of up to 70m² (an increase from the previously suggested 60m²)
✔️ Simple design – nothing overly complex or unusual
✔️ Floor level no more than 1m above ground
✔️ Max overall height of 4m above the floor level.
✔️ Must be at least 2m away from boundaries and other buildings
✔️ Intended for a single household/family only
✔️ Must meet the NZ Building Code (most likely using ‘acceptable solutions’)
✔️ Needs to be built by a Licensed Building Practitioner (LBP)
✔️ You’ll need to notify your council before and after construction
It’s also been mentioned in earlier drafts that properties in ‘Very High’ or ‘Extra High’ wind zones may be excluded from the exemption, but we’re still waiting for confirmation on that.
We’re also expecting to see rules around site coverage and open space, though nothing specific has been announced yet.
If your site doesn’t meet all of the criteria above, don’t worry—you may still be able to build a granny flat, but you’ll likely need to go through the normal consent processes.
What does this mean for you?
If this legislation goes ahead as proposed, it means that from early 2026 you could build a fully self-contained small home—complete with kitchen and bathroom—on your property without having to get consent from your local council.
That opens up a world of options:
🏡 A home for extended family
🏡 A rental unit for extra income
🏡 A guesthouse or home office
But—and this is a big but—just because it’s easier to build doesn’t mean it’s easier to get right.
Design still matters (a lot)
Poorly designed, badly placed units can actually drag down your property value and make your space feel cramped or awkward. On the flip side, a well-designed granny flat—thoughtfully placed, beautiful to live in, and compliant with the code—can be a massive asset, both in terms of lifestyle and value.
And with less council oversight under the new rules, it’s going to be more important than ever to work with professionals who understand the building code inside and out, and who can give you quality documentation that makes the build process smooth and stress-free.
How we can help
At William Samuels Architects, we’re all about designing small homes that are smart, efficient, and full of life. Whether you’re after something simple and practical, or something a little more bespoke, we’d love to help you create a granny flat that’s not only compliant, but also beautiful, functional, and a joy to live in.
Got questions or ideas? Reach out—we’re always happy to have a chat about your site and what might be possible.