Non-consented Granny Flats

This schedule applies to building work in connection with a small stand-alone dwelling. A small stand-alone dwelling is a building that has all of the following characteristics:

(a) it is stand-alone:

(b) it is new (that is, it is wholly new and not an addition or alteration to existing building work or an existing building):

(c) it has a floor area that is equal to or less than 70 square metres:

(d) it has a single storey only.

A small stand-alone dwelling must be constructed in accordance with the following requirements:

(a) it meets the requirements for a detached dwelling, as defined in clause A1 of the building code:

(b) it has a maximum height of 4 metres above the floor:

(c) it has a floor level of up to 1 metre above the supporting ground:

(d) it must not contain a mezzanine floor:

(e) it has a frame made of lightweight building products (being steel or timber):

(f) it is at least 2 metres away from any other residential building or any legal boundary:

(g) it is built using lightweight building products for the roof that have a maximum weight of 20 kilograms per square metre:

(h) its wall cladding has a maximum weight of 220 kilograms per square metre or less:

(i) its water supply, sanitary plumbing, and drainage must—

(i) be designed and built in accordance with the following acceptable solutions or verification methods for compliance with clauses E1, G12, and G13 of the building code:

(A) E1/AS1, E1/AS2, or E1/VM1 for its surface water system; and

(B) G12/AS1 or G12/AS3 for its water supply system; and

(C) both G13/AS1 and G13/AS2 or G13/AS3 for its foul water drainage system; and

(ii) connect to network utility operator systems (NUO systems), if those systems are available, or, if not available (within the meaning of clause 3), connect to on-site systems:

(j) an on-site system referred to in paragraph (i) (ii) must be designed and built in accordance with—

(i) any applicable acceptable solution specified in paragraph (i) (i) of this clause of this schedule; or

(ii) verification methods E1/VM1 and G13/VM4 (if applicable):

(k) it must have an independent source of supply for electricity and, if gas is to be used in the dwelling, an independent source of supply for gas:

(l) where heaters are installed, they must be either electric or gas heaters:

(m) it does not have a level entry shower requiring a waterproof membrane.

(2) The following additional requirements apply to the water supply, sanitary plumbing, and drainage systems for a small stand-alone dwelling (but do not apply to on-site systems):

(a) there must be no more than 30 fixture units, as defined by AS/NZS 3500.0.2021 and rated under clause 6.3 of AS/NZS 3500.2.2025:

(b) there must be no pumped systems within the dwelling:

(c) the main drain must be no less than DN100, at a grade of 1:60:

(d) all branch drains must be no less than DN65, at a grade of 1:40:

(e) upstream vents in connection with any branch or main drain must be no less than DN65:

(f) there must be no uncontrolled water heating.

(3) For the purposes of subclause (1) (i) and (j),—

(a) a connection to an NUO system or an on-site system does not require a building consent:

(b) building work in connection with an on-site system does not require a building consent.

(4) A small stand-alone dwelling can include a garage with internal access if the characteristics in clause 1 and requirements in clause 2 are met.

The exemption (Schedule 1A, Building Act 2004) applies to new, standalone, single-storey dwellings up to 70m². It is not a "free-for-all." All work must fully comply with the New Zealand Building Code, and key elements must be carried out or supervised by licensed professionals.

• Designers (LBP Design, Architects, CPEng Engineers) are responsible for ensuring designs meet the Building Code and all exemption conditions.
• Builders & Trades (LBP Building, Registered Plumbers, Drainlayers, Electrical Workers, Gasfitters) are responsible for building to the compliant plans and providing essential records.

Council's Limited Role: Please note, Grey District Council does not inspect this work for code compliance. We issue the Project Information Memorandum (PIM) and receive records upon completion. The responsibility for compliance rests with you, the professional, and the homeowner.

For Designers:

• Certify Compliance: You must provide a Certificate of Work (CoW - Form 2A) for all restricted building work design, stating it complies with the Building Code.
• Design to the Conditions: Ensure the design meets every exemption condition (size, height, materials, setbacks, plumbing specs, etc.). Use the official Building Design Conditions Checklist.
• Manage the PIM Process: Prepare the preliminary plans for the homeowner's PIM application. Review the issued PIM and additional information, which contains crucial council advice on hazards and eligibility.
• Control Variations: Any design change during construction must be reviewed. If it affects compliance or exemption eligibility, you must advise the homeowner, update plans, and revise the CoW if restricted work is altered.

For Builders & Tradespeople:

• Licensed Work Only: All restricted building work must be carried out or supervised by an appropriately licensed LBP. Licensed tradespeople must carry out prescribed plumbing, drainage, gasfitting, and electrical work.
• Build to the Plans: Construction must follow the consented final design plans and specifications exactly.

Provide Mandatory Records:

• LBPs: Must provide a Record of Work (RoW - Form 6A) to the homeowner and Grey District Council upon completion of restricted work.
• Plumbers/Drainlayers: Must provide a Record of Work (specific form) to the homeowner.
• Electrical Workers/Gasfitters: Must provide Certificates of Compliance and Safety Certificates to the homeowner within 20 working days of completion.
• Supervise Effectively: You are responsible for the work quality of any unlicensed workers you supervise.

Phase 1: Design & Pre-Construction

1. Client Engagement: Confirm the project fits the exemption criteria. Advise the homeowner of their responsibilities and risks.
2. Preliminary Design & PIM: Prepare preliminary plans. Guide the homeowner to submit the PIM Application (Form 2AA) to council.
3. Final Design: Once the PIM is issued, finalise fully compliant construction plans and specifications.
4. Certification: Provide the homeowner with the final plans and your Certificate of Work (CoW).

Phase 2: Construction

1. Pre-Start Check: Builder confirms a PIM has been issued and understands the plans.
2. Build & Monitor: Construct strictly to the plans. Implement and document any agreed quality assurance checks.
3. Manage Variations: If any changes arise, stop and consult the designer. Do not proceed if the change voids the exemption.
4. Record Keeping: Throughout the build, maintain clear records of inspections, decisions, and product substitutions.

Phase 3: Completion

1. Provide Documentation:
   • Designer: Ensure "as-built" plans are updated if needed.
   • Builder (LBP): Issue your Record of Work (RoW) to the homeowner and council.
   • Tradespeople: Issue your required Records of Work or Safety Certificates to the homeowner.
2. Support the Homeowner: Assist them in compiling all documents for council submission within the 20-working-day deadline.

Failure to meet your obligations has serious professional and legal repercussions:

• For LBPs: Disciplinary action by the Building Practitioners Board (suspension, cancellation, fines) for failing to provide RoWs/CoWs or for carrying out non-compliant work.
• For Tradespeople: Disciplinary action by the relevant board (PGDB, EWRB) and potential prosecution under respective Acts (Electricity Act, Gas Act, PGDA).
• For All: Council can issue a Notice to Fix. You may be liable for the cost of rectifying non-compliant work. Homeowners may pursue legal action under the Building Act's implied warranties (10 years) or the Consumer Guarantees Act.
• Project Impact: Non-compliance can void the exemption, forcing the homeowner to apply for a costly Certificate of Acceptance or Building Consent, potentially involving demolition.

Official MBIE Guidance & Forms: The primary source for rules, checklists, and templates.

• building.govt.nz/grannyflats

Professional Registers:

• LBP Register: lbp.govt.nz
• PGDB Register: pgdb.co.nz
• Electrical Workers Register: ewrb.govt.nz

Grey District Council Contacts:

• For PIM & Planning Questions: planning@greydc.govt.nz | 03 769 8600
• For Building Enquiries: building@greydc.govt.nz | 03 769 8600

To qualify for the exemption, your granny flat must meet all the following conditions. If not, you'll need a standard building consent.

• Be new, standalone (detached), single-storey (no mezzanine), and self-contained. It must function as a complete dwelling (classified as ‘Housing – detached dwelling’ under the Building Code), intended for a single household or family.
• Have a floor area of 70 square metres or less (internal dimensions).
• Have a maximum floor level of 1 metre above the supporting ground and a maximum building height of 4 metres above the floor level.
• Be at least 2 metres from other residential buildings or legal boundaries and not built across allotment boundaries.
• Use lightweight materials:
  • Roof cladding max 20kg/m².
  • Wall cladding max 220kg/m².
  • Light steel or timber framing.
• Connect to utilities (water, surface water, foul water) via network utility operators (e.g., council systems) where available, or use approved on-site systems if unavailable. Systems must follow specific compliance pathways (e.g., G12/AS1 for water supply, E1/AS1 for surface water).
• Meet additional plumbing criteria: Total fixture units ≤30, no pumped systems inside, specific drain sizes/grades, independent electricity/gas supplies, and no uncontrolled water heating. Showers must be prefabricated units (no level-entry/wet-floor showers).

Your First Tool: Use the official [Building Design Conditions Checklist] to confirm your project's eligibility.

It's important to understand our role in this exemption process.

You are legally responsible for compliance. Engage licensed professionals early and do your due diligence.

Key Tools for Your Project:

• For Planning: [Homeowner Due Diligence Checklist]
• For Design: [Building Design Conditions Checklist]
• For Completion: [Completion Checklist]

1. Plan Your Granny Flat & Get Your PIM

The first official step is applying for a Project Information Memorandum (PIM). You must have this before any work starts.

• Check site suitability: Contact our planning team to discuss natural hazards and District Plan rules. A resource consent may still be needed.
• Engage a licensed designer: You'll need a Licensed Building Practitioner (LBP designer), registered architect, or Chartered Professional Engineer to prepare the preliminary plans for your PIM application.
• Submit your PIM application to Grey District Council using Form 2AA. We'll issue it within 10 working days, highlighting any hazards, infrastructure details, and our view on whether your design is likely to meet the exemption.
• Discuss finance and insurance early: Lenders and insurers will likely need proof of compliance. The PIM and final documentation are key for this.

2. Design Your Granny Flat

• Finalise plans with your professional: Ensure full Building Code compliance—no waivers are allowed. Plans must include details for plumbing, drainage, and any required hazard mitigations.
• Receive your PIM before starting work. Review the additional information provided with it carefully with your designer.

3. Build Your Granny Flat

• Start only after receiving the PIM. All restricted building work must be done or supervised by licensed professionals (LBPs for construction, registered trades for plumbing, gas, and electrical).
• Build strictly to the approved plans. Consider hiring a project manager for coordination.
• Arrange quality assurance (QA): Independent inspections at key stages (foundations, framing, pre-line, final) are highly recommended to ensure compliance.
• Manage changes carefully: Any variations must be reviewed by your designer to ensure they don't void the exemption.
• Complete work within 2 years of the PIM issue date. Apply to council for an extension well before this deadline if needed.

4. Complete Your Granny Flat

• Collect all documentation: This includes final 'as-built' plans, Certificates of Work (CoW) from designers, Records of Work (RoW) from all LBPs and tradespeople, and electrical/gas safety certificates.
• Notify Grey District Council: Submit all required records to us within 20 working days of completion.
• Pay any development contributions (outlined in your PIM).
• Keep your own copies for insurance, resale, or future alterations. The records we store will be included in future LIMs.

• Your Legal Role: As the homeowner, you are accountable under the Building Act for ensuring compliance. Non-compliance can lead to fines, prosecution, a Notice to Fix, and future issues with insurance or selling your property.
• Quality is Your Responsibility: We do not inspect exempt work. Using licensed professionals and considering independent QA is your best path to a safe, compliant outcome.
• Understand the Costs: Expect a PIM application fee and potential development contributions. For work over $30,000 (incl. GST), a written contract is mandatory, which provides a 12-month defect repair period and 10-year implied warranties.
• Resource Consent is Separate: This building consent exemption does not override District Plan rules. Always check if you need a resource consent.
• Top Tips: Start early, keep thorough records, and consult professionals every step of the way. If your project is delayed, apply for a PIM extension before the 2-year anniversary.

Grey District Council Building Team: For site-specific advice and PIM applications.

• Email: building@greydc.govt.nz
• Phone: 03 769 8600

MBIE (Ministry of Business, Innovation & Employment): For all official guidance, checklists, and forms.

• Website:building.govt.nz/grannyflats

We're here to help make your project smooth and compliant!