New Rules for Small Stand-Alone Dwellings

Kia ora from your local BCA here at Hauraki District Council. 

We hope you all enjoyed a pleasant break and are well rested, ready to embrace the changes and new possibilities that this new year brings. 

Speaking of which, this e-newsletter has been purposefully drafted to provide the latest information related to the Small Stand – Alone Dwellings (Granny Flat) legislation. 

On 18 December 2025, the Government released the changes to the Building Act for Small Stand-alone Dwellings, which came into force on 15 January 2026. 

Below, we will summarise what criteria you will need to meet to be eligible for this exemption and how to formalise this with the council (apply for a PIM). 

Please also refer to the section titled “Other Matters” for additional considerations related to planning and development control.  

Small Stand – Alone Dwellings Exemption Criteria

Building Size, Type and Location: 

- Must be a new standalone single-story residential building which is not attached to any other dwelling. It cannot be an addition, a second-hand dwelling or a conversion of an existing structure. 

 - Must have a floor area of 70m² or less (as measured from the inside of the framing). 

- There must already be a legally established dwelling on the site. 

- The small stand-alone dwelling must be intended for the use of one household unit or family. The act defines a household unit as it relates to this exemption as a building that is used only or mainly for residential purposes and is occupied exclusively for the use of one household, it cannot be used as a hotel, boarding house or other specialised accommodation (i.e no Air BNB’s, or long term use of the building as one). 

- Must not contain a mezzanine floor. 

- The building must be 2m away from any legal boundary or other building (including an outbuilding) It chttps://newsletters.datacomsphere.co.nz/Content/Resources/Templates/Full_Img-small.jpgannot be across any legal boundary, see figure 3 below, X = 2m.  


- It cannot be more than 1m from floor level to finished ground level and not more than 4m high from the finished floor level to the apex, see figure 4 below.

Light Weight Construction Materials: 

- Timber or steel frame designed to NZS 3604:2011 or the NASH Part 2:2019. 

- Roof cladding (max weight 20kg per m²) such as pressed metal tiles, corrugated colorsteel. 

- Wall cladding (max weight 220kg per m²) such as brick or weatherboard. 

Shower Installations: 

- No level entry or wet floor showers (i.e tiled with a water proofing membrane).

 Water Supply and Drainage Systems: 

- If a council connection is available, this must be used. Contact councils’ development engineer to confirm if your existing connection is at capacity. If a council connection cannot be used, an onsite system will need to be considered. Depending on where this is, a resource consent may be required (contact your local and regional council planners for confirmation). 

- All works must comply with the Building Code and any relevant Regional and Local Council By-Laws. 

Plumbing and Drainage Connections: 

- Maximum 30 fixture units (as per NZS 3500 or G13/AS1) 

- No pumped systems inside the building 

- Main drain greater than or equal to 100dia min 1:60 grade 

- Branch drains greater than or equal to 65dia min 1:40 grade 

- Upstream vents greater than or equal to 65dia 

- No uncontrolled water heating 

Electrical and Gas Installations: 

- The building must have independent points of supply for electricity and gas.

 Heating: 

- Heaters must be electrical or gas; a solid fuel heater requires building consent.  

Natural Hazards

Natural Hazards in our District 

- Inundation ((including flooding, overland flow, storm surge, tidal effects and ponding) 

- Slippage 

- Subsidence 

- Erosion 

- Falling Debris 

If the proposed building is or is likely to be subject to one of the hazards listed above or if the building work is likely to accelerate, worsen or result in such a hazard – adequate provision must be made to protect the land and building. 

Note that adequate provision also includes ensuring that the land immediately surrounding or providing access to (intimately connected) is also required to not be subject to the hazard. A link to MBIE Natural Hazard Guidance is included below. 

If it cannot be determined that the risk to the building work and land can be mitigated a building consent will be required which will most likely be issued under sections 72-73 of the Building Act 2004. 

Is my Land Subject to a Natural Hazard? 

Please note that HDC’s planning maps do not show all of the natural hazards in our district, neither does the natural hazards portal mentioned in the MBIE Guidance.

Care is needed to determine if your land is affected, please work with your LPB Designer to determine if your land is adversely affected. It is recommended to: 

- Contact HDC / WRC to determine if your property is subject to a minimum floor level requirement for inundation. 

 - Obtain a Geotechnical Report especially if you are building on or near any slopes. 

- Obtain a PIM 

Applying for a PIM for a Small Stand-Alone Dwelling

Before beginning any works, a PIM (Project Information Memorandum) must be applied for. 

Please note that this process does not include an assessment of the Proposed Building for compliance with the Building Code, the checks are limited to the Exemption Criteria mentioned above only. 

What information do I need to supply with my application 

- A description of the building work and the cost. 

- Proof of ownership, this can be a Record or Title, you can request HDC to supply one on your behalf. 

- Whether your property is or has been used for any of the Hazardous Activities or Industries identified on the HAIL, as required by the NES for Assessing and Managing Contaminants in Soil to Protect Human Health. 

- Preliminary plans which address all the exemption criteria mentioned above. 

How to apply for a PIM for a Small Stand-Alone Dwelling. 

- Create or log in to an account with Objective Build – found on the HDC website under - Do it Online – Building – Lodge or track your Building Consent with Objective Build. 

- Once logged in go to – New Application and enter the property address. This will then take you to a new screen where you will complete the Small Standalone Dwelling PIM-Form 2AA. 

What happens next?   

- Council then has 10 days to process your PIM Application. 

 - Once processed council will send an invoice, once payment is received and processed the PIM will be issued alongside a Development Contribution Notice. Please see the link to councils’ fees below. 

 - This will be emailed to you from info@hauraki-dc.govt.nz, please remember to check your junk mail folder. 😊 

After PIM Issue

Please review and if there are any matters raised in the PIM relating to the exemption address discuss these with your LPB before completing the works. You can now start the works, note that there will not be any council inspections during construction. 

Within 20 days of completion the final construction plans (completed by your LPB Designer), certificates, records of works must be submitted to council along side payment of the development contribution. 

There will be more correspondence from us as to what this process will look like shortly, please keep an eye out for updates. 

Please note that a PIM for building work in connection with a non-consented small stand-alone dwelling lapses and is of no effect if the building work to which it relates has not been completed within 2 years after the date of issue of the PIM, or any further period that the territorial authority may allow. 

Please also refer to the MBIE Guidance for further information and checklists.  

Other Matters

Please note that the Government has also created a new National Environment Standard for Detached Minor Residential Units (NES-DMRU) which also came into force on the 15 January 2026. 

This e-newsletter primarily covers changes that relate to the Building Act and there may be other matters to consider alongside the exemption criteria such as, consent notices, easements, other district plan rules and zoning requirements.

Please see the link to this legislation below and please reach out to the Duty Planner to confirm any additional planning requirements. 

Links to Useful Information

Natural Hazard Provisions - GUIDANCE - October 2023 

Building Fees - Hauraki District Council 

Granny flats exemption: Guidance and resources | Building Performance 

Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025 (SL 2025/315) Contents – New Zealand Legislation

Contact Information. 

Please direct all queries to info@hauraki-dc.govt.nz