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Granny Flats

Granny flats in Nelson – new rules from January 2026

From Thursday 15 January 2026, homeowners across New Zealand, including in Nelson, can build certain small standalone "granny flats" (minor dwellings) up to 70 m² without needing a building consent.

These new rules are designed to make it easier and more affordable to create extra housing for whānau, carers, or renters on existing properties, while still keeping important safety and planning protections in place.

Building a granny flat could affect the rateable value of your property and the rates assessed. Development contributions are still applicable.

What You Can Build Without a Building Consent

Under the new national exemption, you may be able to build a granny flat without a building consent if it meets all of the following conditions:

  • It is a new, standalone dwelling (not attached to your existing house)
  • It is single-storey only
  • The net floor area is 70 m² or less
  • The floor level is no more than 1 metre above ground level
  • The maximum height is no greater than 4 metres above the floor level
  • It is at least 2 metres from any other structure or legal boundary
  • It is classified as Housing – Detached Dwelling (as defined by Building Code Clause A1)
  • The design is simple and complies with all relevant Building Code requirements
  • Plumbing and drainage work is simple and designed in accordance with the Acceptable Solutions for the relevant Building Code clauses
  • Interconnected smoke alarms are installed throughout
  • Independent points of supply for electricity and gas (where applicable) are provided
  • Level-entry showers are permitted only once a relevant licence class has been established
  • The work is carried out or supervised by appropriately licensed building professionals

Even though a building consent is not needed, the granny flat must still fully comply with the Building Code for structure, fire safety, weathertightness, durability, insulation, plumbing, and sanitation.

What still needs Council involvement

The exemption removes the need for a building consent, but it does not remove other legal requirements.

Before You Start:

  • You must apply for a Project Information Memorandum (PIM) before commencing any building work – Council is required to issue this PIM within 10 working days of receiving a complete application.
  • Apply via the Simpli Portal
  • Important: A PIM does not confirm compliance with the exemption criteria – you are responsible for ensuring all exemption requirements are met
  • We recommend seeking professional advice if you are unsure whether your proposal qualifies under the exemption

During Your Build:

  • Complete work within 2 years of the PIM being issued (you can apply for an extension if needed)
  • If a Form 3A Development Contribution Notice is issued with your PIM, you must pay the development contributions within 20 working days of completion of the building work

After Completion:

  • Notify the council within 20 working days of completion
  • Submit all required documentation, including:
    • Form 2A: Memorandum from licensed building practitioner (record of design work)
    • Form 6A: Memorandum from licensed building practitioner (record of building work)
    • Record of work: sanitary plumbing and drainlaying for non-consented small standalone dwelling
  • Your Licensed Building Practitioner(s) are required to provide the Record of Work to both you and the council

You remain legally responsible for ensuring all work meets the Building Code, even without council inspections.

Development contributions and other council charges may still apply to help fund infrastructure such as water, wastewater, and transport networks.

Planning and land-use rules still apply

The National Environmental Standards for Detached Minor Residential Units (NES-DMRU) 2025 was introduced to work alongside the changes to the Building Act by providing a possible pathway for minor dwellings to be built without needing resource consent or building consent.

Please visit the Ministry for the Environment Website to view the NES-DMRU in full.

A quick guide to applying the NES-DMRU in the Nelson region is available here: [Planning Guide for Granny Flats]

If you are unable to meet the permitted standards under the NES-DMRU, the regular district plan rules apply and resource consent may be required. Some examples of needing resource consent include instances where:

  • The granny flat does not comply with the NES-DMRU or District Plan rules
  • Your property is in a flood zone, coastal hazard area, erosion area, or other natural hazard overlay
  • Your property is within a heritage, landscape, or other protected area
  • The granny flat does not comply with Regional Council requirements for onsite effluent treatment systems

Title restrictions on your Record of Title can also limit or prevent granny flats, including covenants that prohibit extra dwellings, easements affecting where you can build, and special conditions on cross-lease or unit-title properties.

We strongly recommend that you contact one of our Council Duty Planners to discuss your proposal before proceeding.

Renting out a granny flat

A granny flat built under the exemption may be rented out, provided it meets all requirements under the Residential Tenancies Act and the Healthy Homes Standards. This includes standards for heating, insulation, ventilation, moisture and drainage, and draught stopping.

What you should do next

Before committing to a granny flat project, we encourage you to:

  • Confirm whether your planned granny flat will qualify under the 70 m² building consent exemption and meet all the specific criteria
  • Check district plan rules, hazard maps, and any title restrictions that apply to your property
  • Contact one of our Council Duty Planners to discuss resource consent requirements for your specific site
  • Talk with suitably qualified designers and Licensed Building Practitioners to ensure Building Code compliance and that your design meets the exemption requirements
  • Apply for a Project Information Memorandum (PIM) via the Simpli Portal before starting any building work

These steps will help ensure that your new granny flat is safe, legal, and a positive addition to housing options in Nelson.

Helpful resources

MBIE resources:

Required forms:

Apply for a PIM:

Contact Us:

  • 'Joint' meetings with both the Duty Planner and Duty Building Officer can be arranged through Customer Services.
  • For specific enquiries please request a meeting with the:
    • Duty Planner for assistance with resource consent requirements
    • Duty Building Officer for assistance with the PIM process or Building Code compliance
  • Phone: +64 3 546 0200 or Email: enquiry@ncc.govt.nz

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