Granny Flats
About The New Granny Flat Legislation 2026
New legislation came into effect on January 15th, 2026.
One of the most important things about the Granny Flat legislation is that there must already be an existing dwelling on the proposed building site / section / allotment.
The exemption does not apply if there isn't an existing dwelling.
As to whether or not the new granny flat can be sub-divided off later will depend on current District Plan rules as well as meeting minimum allotment sizing.
These types of questions should be directed to Council's Planning Team.
The below links will take you to all you need to know about the current Granny Flat legislation with some very helpful guidance.
Once the homeowner has decided that their Granny Flat Proposal meets the criteria for the Exemption they must apply to the local Council's Planning Department for a Project Information Memorandum (PIM). This may trigger the requirement for a Development Contribution Notice (DCN). The PIM process ensures that the building work will meet the requirements of the District Plan / Exemption requirements as far as distances from other buildings and boundaries are concerned. A copy of the PIM Application form is included in the links to legislation above. Council's Simpli Portal has recently updated these application forms, however, the current Council Website does not include these forms yet. We are hoping to have this updated by the end of January 2026.
After the PIM is issued, the homeowner has 2 years to complete their build, notify Council that the building work is complete and pay the DCN. All relevant Records of Work (ROW) from the Licensed Building Contractors involved for Foundations, Framing, Bracing, Roofing, Cladding, etc are submitted to Council. The relevant As Built Plumbing and Drainage Plans and Electrical Safety Certificates are also required to be sent to Council.
These records will be saved to the relevant property file with the PIM associated with the Granny Flat.
Council's Building Inspectors do not come to site to undertake inspections, unless there is a complaint made and it is important to note that Council are not liable for any of the building undertaken under this exemption.
The Government is relying on Licensed Building Practitioners to do the right thing therefore it is important that homeowners do their own due diligence and we would strongly advise homeowner's to ensure they have the necessary insurance as well as a strong building contract in place with their designer, builder, roofer, plumber, electrician and any other tradesman they choose to employ.
