The way Kiwis build secondary dwellings is about to change dramatically. Starting in early 2026, new legislation will make it simpler, faster, and more affordable than ever before to add a high-quality granny flat or minor dwelling to your property.
This is a game-changer for homeowners looking to house family members, generate rental income, or simply maximise the potential of their land. At Genius Homes, we're ready to help you capitalise on this opportunity with our streamlined process and range of transportable homes that fit the new criteria perfectly.
The New Rules: Consents Lifted for 70m² Dwellings
The New Zealand Government has passed legislation allowing standalone dwellings up to 70 square metres to be built without a Building Consent (an exemption expected to be in place from early 2026).
This exemption is designed to cut through bureaucratic red tape, saving homeowners significant time (potentially months) and thousands of dollars in council fees. The time saved alone could see your new home built and installed on-site far quicker than under the traditional consenting process.
Additionally, new planning rules, which are being developed via a National Environmental Standard, are expected to remove the requirement for Resource Consent for a single minor dwelling on residential or rural-zoned land, provided all standards are met. This combined removal of both consent types is what makes the 2026 changes truly revolutionary for small housing builds.
Moeraki Plan - a 2 bedroom unit measuring 58.8m²
Key Factors and Non-Negotiable Considerations
While the changes remove the need for formal consents, the build must still be safe, durable, and compliant. The new system shifts the focus of accountability onto the professionals, not the paperwork.
Before you start planning your new 70m² home, here are the key factors and requirements you must consider to qualify for the exemption, as outlined by Building Performance (MBIE):
| Requirement | Detail |
| Size & Type | Must be a new, single-storey dwelling with a net floor area of 70m² or less. |
| Setbacks | Must be situated at least 2 metres away from any other structure (including the main house) and all legal boundaries. |
| Professional Build | All building work must be carried out or supervised by a Licensed Building Practitioner (LBP). DIY is not permitted. |
| Building Code | The home must still fully comply with the New Zealand Building Code for all aspects, including structure, weather-tightness, and fire safety. |
| Council Notification | You must notify your local council before starting the project and submit the final building plans/documentation upon completion. |
| Site Limitations | The exemption generally does not apply to sites in areas with natural hazards (like flood zones) or if private title covenants or easements restrict additional dwellings. |
| Infrastructure Costs | You may still be charged Development Contributions (infrastructure fees) by your council. |
Why Partner with Genius Homes for Your 2026 Build
The Oxford 2; a 2 bedroom home with a 69m² floor plan
At Genius Homes, we specialise in high-quality, pre-built, transportable homes that are perfectly positioned to meet the new 70m² exemption criteria. We are already designing homes that align with these standards, ensuring a smooth transition once the law takes effect.
Here’s how we can simplify your project under the new rules:
1. Ready-to-Go, Compliant Plans (70m² and Under)
Our extensive range of plans is designed for efficient, compact living, with many models falling comfortably 70m² and under. This includes 1 and 2-bedroom options, all of which are built in a controlled factory environment to exacting standards, guaranteeing they meet the NZ Building Code and the dimensional requirements for the new exemption.
2. Seamless Project Management from Concept to Key
The new rules place greater responsibility on the builder and the homeowner to ensure compliance and manage the process. Our experienced team provides end-to-end support:
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LBP Supervision: All our builds are overseen by qualified professionals, satisfying the LBP supervision requirement.
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Compliance Documentation: We prepare all necessary compliance documentation, including Records of Work, to ensure you meet the council notification requirements before and after the build.
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Site Consultation: We help you assess your property against the critical considerations—setbacks, site access, and potential hazard overlays—to confirm your eligibility for the consent exemption.
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Transportable Advantage: Building off-site means less disruption to your property and a faster construction timeframe, letting you take advantage of the 2026 exemption without delay.
Don't wait until 2026 to start planning. Get ahead of the curve and turn your backyard into a new home opportunity.
Contact Genius Homes Today to Discuss Your 70m² Project