Small stand-alone dwelling exemption (granny flats)

Schedule 1A Other building work for which building consent not required

Schedule 1A of the Building Act 2004 outlines that you can build a small stand-alone dwelling (granny flat) under 70m2 without a building consent if you meet the exemption criteria. You require a project information memorandum (PIM) to be issued by council before you start building.

MBIE have provided the following guidance documents for constructing a small stand-alone dwelling under this exemption. We recommend you read this in detail to ensure you comply with the exemption criteria:

• MBIE Granny flats exemption information
• Granny flats exemption guidance document

This exemption for a building consent for a small stand-alone dwelling does not remove the requirement for the following:

• Development contributions
• Resource Consents: Please check with our planning team to find out whether your granny flat proposal is subject to any Resource  consent requirements

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How to apply

To apply for a PIM for a small stand-alone dwelling (granny flat), you will need the following:

• Preliminary design plans. These must be designed by a registered design Licensed Building Practitioner (LBP) or someone with an equivalent design license. The provided plans must demonstrate how the application meets all conditions of the exemption and include as a minimum:
  • Site plans
  • Elevations
  • Basic sections
  • It may also include floor plans

Lodging your application

Please lodge your application through the Simpli portal.

Payment for your PIM application

A hardcopy lodgement fee, and the standard PIM fees will be charged for your application. Please refer to our fees schedule.

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When you finish building

Within 20 working days of completion, you are required to submit all required documentation to the council and pay any applicable development contribution fees. Failure to do so can result in an infringement notice ($500) and a fine of up to $1000 when prosecuted.

The required documentation includes:

• Certificate of Design Work
• Records of Work from Licensed Building Practitioners (LBPs)
• Records of Work from registered plumbers and drainlayers
• Electrical safety certificate
• Gas safety certificate (if applicable)
• Energy work certificates (if applicable)
• Final design plans

Once you have all the required documentation, please submit these through the Simpli portal.

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Applying for an extension of time

The conditions of exemption 1A stipulate that building work must be completed within two years of the PIM being issued.

Council may agree to extend the timeframe if they are satisfied that the build is progressing and continues to comply with all exemption conditions.

Please contact us as soon as possible if you believe you will not be able to complete the work within the two-year deadline.