Since 15 January 2026, one detached granny flat of up to 70m² can go on most residential and rural sites without resource consent or building consent, if it meets the national rules. Many Far North sites fail at least one of them, usually because of septic wastewater, coastal overlays or earthworks on a slope. We check your property against every rule and run the consent if you still need one, from $2,000.
Two separate exemptions started on the same day. Each has its own conditions, so a granny flat can pass one and fail the other.
The National Environmental Standards for Detached Minor Residential Units (NES-DMRU) make one detached granny flat up to 70m² a permitted activity in residential, rural, mixed use and Māori purpose zones. This covers planning rules under the Resource Management Act.
Schedule 1A of the Building Act lets you build a simple, single-storey dwelling up to 70m² without building consent. The work must still meet the Building Code, and licensed practitioners must design and build it.
Your granny flat skips resource consent only if it meets every standard below and the district and regional plan rules that still apply.
| Standard | Residential zone | Rural zone |
|---|---|---|
| Number | One per site | One per site |
| Floor area | 70m² or less, measured inside the external walls | 70m² or less, measured inside the external walls |
| Building coverage | All buildings cover no more than 50% of the site | Must comply with the district plan |
| Distance from main house | At least 2m | At least 2m |
| Boundary setbacks | At least 2m from front, side and rear boundaries | At least 10m from the front boundary and 5m from side and rear boundaries |
In Māori purpose and mixed use zones, building coverage and setbacks follow the district plan instead.
Council can no longer apply district plan rules on amenity, outdoor living space, privacy, sunlight access, glazing or parking to a granny flat that meets the standards.
Under Schedule 1A of the Building Act, a granny flat needs no building consent if it meets all of these conditions.
Council may attach a development contribution notice to the PIM. Land subject to a natural hazard may still need building consent.
The national rules were written for the whole country. These are the Far North conditions that most often knock a granny flat out of the exemption. If one applies, we prepare the resource consent application. For other projects, see do I need resource consent?
Most rural and many coastal Far North properties have no town sewer. A second dwelling adds load to the septic system, and district and regional servicing rules still apply. A TP58 wastewater assessment from our partner Gumboots shows whether the system copes.
Much of the Far North coastline, including the Bay of Islands, sits in mapped coastal environment or outstanding landscape areas. These are section 6 matters, so the district plan rules for them still apply to a granny flat.
Cutting or filling a building platform on a slope can exceed the district plan earthworks limits. Unstable ground may also need a geotechnical report before council will accept the site.
In rural zones the granny flat must sit 10m from the front boundary and 5m from the sides and rear. On a narrow lifestyle block or a small rural section, that can rule out every practical spot.
The exemption covers one detached unit per site, up to 70m². A second granny flat, a larger unit, or one attached to the house falls back to the district plan, where parking and other rules apply again.
Flood, coastal erosion and instability mapping can bring minimum floor levels and other hazard rules. Hazard land can also mean the building needs building consent after all.
Find out which path you're on before you pay for plans
Tell us your address and what you want to build. We look up the zone, overlays and hazard maps, and tell you which rules are likely to matter.
We test your preferred location against every standard, setback and district plan rule that still applies. A feasibility study puts the answer in writing before you commit to design costs.
You can build without resource consent. If you want certainty, FNDC can issue a certificate of compliance confirming the granny flat is permitted.
We prepare and lodge the granny flat resource consent, coordinate any engineering reports, and manage FNDC through to approval. Fixed-price quote up front.
Common questions about the 2026 minor dwelling rules
Not always. Since 15 January 2026, one detached granny flat up to 70m² is a permitted activity in residential, rural, mixed use and Māori purpose zones, if it meets the national standards and the district and regional rules that still apply. If it fails any of them, you need resource consent.
A minor dwelling is a self-contained home that sits alongside the main house on the same site, under the same ownership. Granny flat is the everyday name for it. The new national rules cover minor dwellings that are fully detached from the main house.
Yes, if it meets every Schedule 1A condition. It must be new, detached, single storey and lightweight, sit at least 2m from boundaries and other homes, and be built by licensed practitioners. You still need a PIM from FNDC before you start.
Yes. Rural zones are covered, but the granny flat must sit 10m from the front boundary and 5m from the sides and rear. Most rural properties also rely on septic systems, so wastewater rules still apply.
Possibly. A second dwelling adds load to an on-site system, and district and regional servicing rules still apply. You need to show the system can cope or upgrade it. A TP58 wastewater assessment answers that.
Not under the national rules, which allow one detached minor dwelling per site. A second one needs resource consent under the district plan.
They can. FNDC may attach a development contribution notice to the PIM, and payment is due within 20 working days of finishing the building work.
Sources: Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025 and MBIE granny flats guidance. This page is general guidance, so check your own site before you build.
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