With housing affordability and multigenerational living on the rise, more New Zealanders are exploring the idea of building a granny flat (minor dwelling) on family property. Whether it’s for aging parents, adult children, or rental income, the legal requirements for building a granny flat without building consent are changing — and understanding the timing is crucial.

A retired couple recently considered placing a granny flat on the back of their daughter’s property. Their builder advised them to wait until 2026, when upcoming changes to New Zealand’s Building Act 2004 and Resource Management Act 1991 are expected to make the process simpler and more cost-effective.

Upcoming Changes to Building and Resource Consent Rules

From early 2026, homeowners may be able to construct a simple-design granny flat or large shed up to 70m² without requiring a building consent — provided that:

• The structure complies with the New Zealand Building Code

• The build is carried out by a licensed building practitioner

• The flat is positioned at least 2 metres away from boundaries and other buildings

• Plumbing is not involved (plumbing will still require consent)

• The local Council is notified before and after construction

This change is designed to reduce red tape and encourage the creation of minor dwellings, studio units, sleep-outs, and expanded storage options.

Shed Rules Under the New Law

• 10m² – 30m²: No building consent required if positioned at least 1 metre from the boundary

• Up to 10m²: May be constructed right up to the boundary

• Council notification is still required before and after construction

What If You Build Before 2026?

If you plan to build a granny flat before the new legislation comes into force, the current legal framework still applies. This means you will likely need:

• A building consent

• Possibly a resource consent

• Council-approved plans and inspections

This can increase both the time and cost of your build.

Legal Protections Under the Building Act

Even when a granny flat does not require consent, important Building Act protections still apply, including:

• A written contract for any project over $30,000

• A 12-month defect repair period

• A 10-year implied warranty under law

These provisions protect homeowners from poor workmanship and faulty materials.

Check Your Property Title First

Many modern subdivisions in Masterton and Wellington include restrictive covenants or building limitations on the property title. These can prevent:

• Additional dwellings

• Relocatable homes

• Secondary accommodation units

These restrictions are not checked by your builder or council — and must be reviewed independently. A property lawyer can conduct a full title search for you.

➡️ Learn more about property law services at Core Legal:
https://corelegal.co.nz/

➡️ Book a fixed-price initial consultation in Masterton or Wellington:
https://corelegal.co.nz/

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Frequently Asked Questions (FAQ)

Can I build a granny flat without consent in 2025?

No. Until the new law is in effect (expected 2026), you must comply with the current consent requirements.

Will granny flats still need resource consent?

In some cases, yes. This depends on zoning rules and your local District Plan.

Can I connect plumbing to a consent-free granny flat?

No. Any plumbing work still requires building consent.

What if my title has a covenant against minor dwellings?

You cannot proceed legally without removing or varying the covenant, which requires legal assistance.

Is it worth waiting until 2026 to build?

In most cases, yes. It may save you time, cost, and approval complications.