Granny Flats NZ - Build Under the 2026 Consent Exemption
See how Modspace modular homes are perfectly positioned under the new rules.
What the New Law Means for Modspace Builds
From 15 January 2026, New Zealand introduced a major change to how small standalone dwellings (commonly called granny flats) are approved. Under the new rules, certain granny flats of up to 70m² can now be built without building or resource consent, provided specific conditions are met.
This change is designed to reduce council involvement, speed up delivery, and help address housing demand. But it’s not a free pass. The exemption comes with clear requirements, documentation, and professional oversight.
If you’re considering a modular or transportable home, this is where Modspace modular homes are particularly well positioned.
What Is the Granny Flat Building Consent Exemption?
The exemption is a new path available to property owners, allowing them a simpler path to adding a secondary dwelling up to 70m².
In simple terms, the law streamlines the approval process, but still requires council notification, professional design, and compliant construction.
The exemption applies only when all criteria are met.
The Official Rules You Must Meet
Modspace homes are already built to the quality required for this exemption.
To qualify for the building consent exemption, the granny flat must:
- Be new and standalone (not an extension or alteration to an existing house)
- Be single-storey only
- Be no more than 1m off the ground, and no taller than 4m from floor height.
- Be built with lightweight timber or steel framing
- Have a maximum floor area of 70m² (this includes any internal garage)
- Fully comply with the NZ Building Code
- Be built or supervised by licensed building professionals (LBPs, registered plumbers, drainlayers, electricians)
- Be notified to council before work starts and again at completion
Read the other requirements to qualify for the exemption
A key point many people miss: you still need a Project Information Memorandum (PIM) from council before construction begins, and final documentation must be supplied once the build is complete.
Modspace can apply for this on your behalf and liaise with your council.
Why Choose a Granny Flat?
Adding a granny flat to your property is one of the smartest ways to create extra space and long-term value. Whether for family, rental income, or flexible living, granny flats provide an efficient and cost-effective housing solution.
With New Zealand’s updated building rules, small standalone dwellings are now easier and faster to deliver. Modern granny flats offer high-quality construction, energy efficiency, and adaptable designs to suit your needs.
We offer
Explore Our Granny Flat Options
1-Bed Home 38m²
2-Bed Home 43m²
2-Bed Home 60m²
2-Bed Home 70m²
What the Exemption Does (and Doesn’t) Do
This change removes the need for a full building consent, but it doesn’t change the requirement to build it all to code with licensed professionals.
What doesn’t qualify for the exemption
- ●More than 1 minor dwelling
- ●Dwellings larger than 70m²
- ●Multi-storey dwellings
- ●A dwelling where there isn’t already another home
(e.g., on bare land)
- ●A sleepout that isn’t fully self-contained
(doesn’t include cooking facilities or a bathroom)
- ●A dwelling with a wet-floor shower
Building in a natural hazard zone will require proof that the plan will adequately protect the land, building, and inhabitants from that hazard.
For example: In a flood zone, the finished floor height must be high enough to sit above the identified flood level.
This is where professional planning upfront matters.
Why Modspace homes fit the new rules so well
The exemption works best with builds that are pre-engineered, documented, and professionally delivered, which is exactly how modular construction operates.
Modspace homes are:
- Designed to meet NZ Building Code requirements from the outset
- Manufactured in controlled environments for consistency and quality
- Delivered with the documentation that the councils expect
- Efficient to install onsite, reducing build risk and delays
For homeowners, investors, and rural landowners, this makes modular builds an ideal pathway under the new rules.
Important Planning Considerations (Before You Build)
While the building consent exemption simplifies construction approval, it does not override all the planning rules.
You still need to consider:
- Setbacks, height limits, and site coverage
- Natural hazard overlays
- Infrastructure or development contributions
To go along with the exemption a new Resource Management standard was created for Granny Flats:
National Environmental Standards for Detached Minor Residential Units.
This is why councils still require notification and why engaging experienced professionals early is strongly recommended.
Follow These Simple Steps To Put A Modspace Home On Your Site.
1. Apply for a PIM
Modspace can draw your site plans for you and submit this to council
2. Modspace builds your home
Your home is manufactured offsite for better quality control and efficiency
3. Install your home (or hire Modspace to install it)
Your home is delivered, installed, and connected to services
4. Submit records to Council
Submit all records of works and trade certificates to the council
Quick Recap
You can build a granny flat up to 70m² without a full building consent if:
- It meets NZ Building Code requirements
- It meets all the criteria in the Granny Flat Rules
- Licensed professionals complete the work
- Council is notified before and after construction
Built in our Kerikeri factory and delivered across Northland
The exemption is designed to speed things up, not cut corners.
If your plan doesn’t meet all these criteria, don’t worry! You can still pursue consent through the traditional Building & Resource Consent paths. Modspace can manage this process on your behalf, so you don’t need to deal with council.
Frequent Questions
Granny Flat
With the new rules, you may not need a full building consent, but you must still notify council, obtain a PIM, and provide final compliance documentation once the build is complete.
Yes. Modspace modular homes are designed to meet NZ Building Code requirements and are well suited to the “Granny Flat” exemption.
Yes, the exemption applies across residential and rural zones, provided all building and planning requirements are satisfied.
If the design exceeds 70m², is multi-storey, or falls outside the criteria, a standard building consent will still be required.
Got a Question?
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