Granny Flat Exemption
(Up to 70sqm)
Building a Granny Flat Without Building Consent
From 15 January 2026, the Government will introduce a new exemption that allows certain granny flats up to 70 sqm to be built without a building consent, provided specific conditions are met.
At Land & Co. Building, we’re keeping a close eye on how this exemption is applied in practice, and helping homeowners understand whether it’s a genuine opportunity or not the right fit for their site.
Thinking about adding a granny flat to your Nelson or Tasman property? Not sure whether the new exemption applies to your site?
Get in touch and we’ll talk it through properly.
What Is the Granny Flat Exemption?
The new exemption is designed to make it easier and faster to add small, self-contained dwellings to existing residential properties.
Under the exemption, some standalone granny flats up to 70 square metres may be built without a building consent, as long as the design, construction, and site meet all required criteria.
This does not mean:
No rules
No standards
No planning considerations
It means a different pathway, with responsibilities shifting more heavily onto the owner and builder.
Key Things to Understand
(Before You Get Excited)
Even without a building consent, exempt granny flats must still:
Comply with the Building Code
Be built or supervised by appropriately licensed professionals
Meet specific design, height, and layout requirements
Comply with district planning rules
Be recorded correctly for future property records
If any of these aren’t met, the exemption doesn’t apply.
This is not a shortcut for poor design or rushed builds.
Is a Consent-Free Granny Flat Right for You?
In some cases, this exemption will be a great option. In others, a standard consented build will still make more sense.
It can depend on:
Site access and slope
Services and infrastructure
Intended use of the dwelling
Budget and timeframe
Long-term plans for the property
Part of our role is helping you work through these factors before decisions are locked in.
How We Can Help
If you’re considering a granny flat under the new exemption, we can help with:
Early feasibility conversations
Buildability and layout advice
Understanding where the exemption applies (and where it doesn’t)
High-quality construction that meets Building Code requirements
Honest guidance on whether this pathway is the right one
We won’t push a consent-free build if it’s not in your best interest long-term.