Granny Flat Exemptions

Ōpōtiki District Council will implement the new national Granny Flat Exemption from 15 January 2026. Allowing small, standalone 70m2 dwellings (granny flat / minor dwelling) to be built without a building consent if they meet strict conditions e.g. single storey, self-contained, built by a Licensed Building Practitioner (LBP).

While a building consent may not be required, you must notify Council before commencing, by applying for a Planning Information Memorandum via the online portal (PIM process). You must also inform Council after completion of the build.

Wastewater requirements

New rules now allow granny flats to be built without resource consent, but wastewater rules still apply, meaning rural properties without reticulated systems must comply with the Bay of Plenty On‑Site Effluent Treatment (OSET) Regional Plan. Learn more on the Bay of Plenty Regional Council website.

Key Conditions for Exemption (from 14 January 2026)

• Size: Maximum floor area 70 square metres.
• Type: Simple, stand alone, single storey, fully self-contained.
• Construction: Lightweight construction with a simple design, meeting the NZ Building Code.
• Professional Oversight: Must be built or supervised by a Licensed Building Practitioner (LBP).
• Location: In residential zones, have a minimum front, side and rear boundary setback of 2 meters. In rural zones, have a minimum front boundary setback of 10 meters, and side and rear boundary setbacks of 5 meters. In either zone, it must be set back 2 meters from the principal residential unit and any other buildings on site.

What you need to do if you're planning a granny flat

• Plan Early: Design your simple, compliant granny flat and find LBPs.
• Resource Consent: Check if your design meets the Ministry of Business, Innovation & Employment Standard (NES) for permitted activities (height, setbacks, etc)
• Notify Council (Before): Submit a Project Information Memorandum (PIM) application to Ōpōtiki District Council to get information on services.
• Professional Help: Engage LBP’s, plumbers, drainlayers, electricians for documentation (Record of Works) and geotechnical engineers.
• Notify Council (after): Inform Council once the build is completed, providing the documentation detailed in the MBIE Granny Flats Exemption Guidance

For more information head to the MBIE website

Granny flats exemption: Guidance and resources | Building Performance
Granny flats policy guidance
Granny flat Key messages
Step-by-step guide: a high-level overview of the steps to use the granny flat building consent exemption.