GRANNY FLATS AND MINOR DWELLINGS

Auckland granny flat design — for the 70m² exemption, and the work that sits above it

The Small Stand-alone Dwellings Amendment Act changes the conversation from January 2026. What you can build without consent — and what still needs it — depends on more than just floor area. Before any drawings, we'll tell you exactly where your project sits.

THE 70M² RULE

Exempt from consent doesn't mean exempt from rules.

From January 2026, the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 removes the requirement for building consent on qualifying secondary dwellings up to 70m². It’s the most significant change to residential building rules in a decade.

What the change actually does: removes the building consent step for qualifying small stand-alone dwellings. What it doesn’t do: remove the Building Code, the Auckland Unitary Plan, the recession planes, the site coverage limits, or the requirement that the work be done by a Licensed Building Practitioner.

The dwelling still has to comply. The trades still need pricing-grade documentation. Council still needs to be notified. The marketing around “no consent” has run ahead of the rules — we design to the rules that actually apply.

WHAT WE DESIGN

The granny flat and minor dwelling work we take on.

The work splits four ways. Which one your project lands in depends on dwelling size, site, intended use, and whether you want to stay inside the new exemption or operate outside it.

Minor Dwellings Under 70m² (Exempt Pathway)

Standalone dwellings designed to qualify for the Jan 2026 exemption — under 70m², on a property with an existing primary dwelling, meeting the Building Code, built by a Licensed Building Practitioner. Faster path, lower cost, but tighter constraints on what fits.

Garage Conversions

Converting an existing detached garage into habitable space. Sometimes qualifies for the 70m² pathway, often doesn’t — depends on the existing foundation, insulation, and whether the work counts as a “new” dwelling under the rules.

Larger Granny Flats (70m²+, Consented)

Secondary dwellings above 70m² need full building consent and don’t qualify for the exemption pathway. More space, more flexibility, longer timeline. We design to the same standard either way — the difference is the consent path, not the design quality.

Multi-Generational Living Builds

Purpose-built secondary dwellings for parents, adult children, or extended family. Designed for independent living without isolation — separate entry, separate services, sensible relationship to the main house.
OUR APPROACH

Feasibility tells you which pathway your project actually fits.

The 70m² exemption sounds simple. In practice, whether your specific project qualifies depends on the section, the planning rules, the existing primary dwelling, the position you want the secondary dwelling in, the services connection, and whether your wider build intentions stay inside the exempt criteria.

So before any concept drawings, we run a feasibility against your site and the new rules. We check whether the exemption pathway is open to your project, what site coverage and recession plane constraints apply, where services will need to be run, and what the realistic build cost looks like from our delivery partners.

If the project fits the exemption pathway, the report shows how to stay inside it. If it doesn’t, the report shows what the consented pathway looks like and what that changes about timeline and cost. Either way, you make the call before design fees start.

THE PROCESS

From feasibility to handover — how a granny flat project actually runs.

The exempt pathway is faster than full consent, but the steps before construction look similar. We tell you what's happening at each one, what it costs, and what decision you're being asked to make next.

Step 1

Site and Property Review

We visit your site, look at the existing house, identify where a secondary dwelling could sit, check orientation and access, and review the Auckland Unitary Plan rules for your zone. We talk through who’ll live in it and what they need.

Step 2

Feasibility Report

A written report covering whether the exempt pathway is open to your project, what the planning rules permit, where services connect, and an indicative build cost from our delivery partners. The proceed-or-not decision happens here.

Step 3

Concept Design

Floor plan, position on the section, and how the secondary dwelling relates to the existing house. For exempt-pathway projects we work hard to keep within the 70m² envelope while still delivering a properly livable home — not a glorified studio.

Step 4

Developed Design and Subconsultants

Cross-sections, material selection, structural engineering coordination, services planning. Even on the exempt pathway, the drawings have to demonstrate Building Code compliance — and builders need pricing-grade documentation either way.

Step 5

Consent or Council Notification

For exempt-pathway projects we prepare the documentation council requires under the notification process. For larger granny flats and projects outside the exemption, we prepare and submit the full building consent application and handle the council’s RFIs.

Step 6

Tender and Build Handover

We brief our delivery partners, including Superior Renovations, and run the tender. For exempt-pathway projects the LBP requirement is non-negotiable — the work has to be done by a Licensed Building Practitioner regardless of the consent status.
THE HONEST PART

What the 70m² rule actually changes — and what it doesn't.

What the 70m² exemption changes: building consent isn’t required for qualifying small stand-alone dwellings from January 2026. That removes weeks of council processing time and the consent fee — meaningful savings on a small project where consent costs can be a disproportionate share of the budget.

What it doesn’t change: the Building Code still applies. The Auckland Unitary Plan still applies. Recession planes, site coverage, height limits — all still apply. The work still has to be done by a Licensed Building Practitioner. Council still needs to be notified. The trades still need full drawings to price the work.

So “no consent needed” doesn’t mean “no design needed” or “no architect needed.” It means a faster, cheaper pathway to construction for projects that fit the criteria — and a pathway that still requires the same documentation rigour everything else does. We design for the exemption where it makes sense, and design properly when it doesn’t.

WHY HOMEOWNERS CHOOSE US

What sets our granny flat work apart.

Current on the New Rules

The Small Stand-alone Dwellings Amendment Act is new. We design to the rules that actually apply — including the parts the headlines skipped over.

Honest About the Exemption

If the exempt pathway suits your project, we design for it. If it doesn’t, we’ll say so — not push you down an exempt path that won’t work because the marketing is easier.

Feasibility-First

Every granny flat project starts with a feasibility report. You know whether the exempt pathway applies, what the planning rules permit, and what it’ll cost — before any drawings start.

One Team, End to End

The designer you meet at your first consultation runs your project through to handover. No sales rep, no handoff to a draftsperson you’ve never spoken to.

Licensed Building Practitioners

Our founder John Mao holds a Design Class 2 Licence — the MBIE qualification required to design restricted building work. Required for the exempt pathway and everything else we do.

Build Partner Coordination

We work alongside Superior Renovations and other proven Auckland builders — all LBP-qualified, all familiar with the new exemption framework — so the handover from drawings to construction is clean.
ACCREDITATIONS AND PARTNERS

The credentials and partners behind every granny flat we design.

Every drawing we produce carries Licensed Building Practitioner accountability — including the work that proceeds under the 70m² exempt pathway, where LBP design is still required. Every project we draw is built with material partners we trust to back their products through the warranty period and beyond.

COMMON QUESTIONS

What homeowners ask about granny flats and the new rules.

You don’t need building consent if your project qualifies for the exemption. That’s a real and significant change. But the exemption is narrower than the headlines suggest. To qualify, the dwelling must be standalone (separate from the main house), under 70m², on a property that already has a primary dwelling, designed to meet the Building Code, built by a Licensed Building Practitioner, and notified to council.

If your project ticks every box, you skip the building consent step. If it doesn’t tick every box, you’re on the full consent pathway — which is still completely workable, just slower and more expensive.

The Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 takes effect from January 2026. We’re already designing for projects that will use the exempt pathway when it comes into force.

If you’re planning to build under the exemption, the design and tender phases can run now so construction can start once the rule kicks in. The feasibility report covers both pathways either way — so you can decide closer to the date which one your project will actually use.

Sometimes — depends on the existing structure. The 70m² exemption is written for new stand-alone dwellings, not necessarily conversions of existing buildings. Whether a garage conversion qualifies depends on the existing foundation, the existing structure’s ability to meet current Building Code, and whether the work counts as “new construction” under the rules.

Most garage conversions we see end up needing building consent because the existing structure needs upgrades to meet current standards. The feasibility report tells you which pathway your specific garage actually fits.

The exemption removes the building consent step, but it doesn’t remove the Auckland Unitary Plan’s planning rules. Your section still has a site coverage limit, recession planes off boundaries, and (depending on zone) height-in-relation-to-boundary rules. A granny flat counts toward all of those.

This is one of the most common surprises — homeowners assume “no consent” means “build it anywhere” and find out at design stage that the section physically can’t take a 70m² secondary dwelling without breaching the planning rules. We check this at feasibility.

Less than a full-sized house, more than people expect. A 70m² standalone dwelling at current Auckland build rates runs into significant six figures — exact numbers depend on site access, services connections, foundation conditions, and finish level.

The exemption pathway saves you the building consent fee and weeks of council processing time, but the build cost itself is roughly the same as a consented dwelling of the same size and spec. The feasibility report gives you indicative pricing from our delivery partners specific to your project.

Generally yes — Auckland Council’s planning rules allow secondary dwellings to be tenanted in most zones, though specific rules vary by zone and there may be limits on commercial short-stay use depending on overlays.

If you’re renting it out, the Residential Tenancies Act applies — including the Healthy Homes Standards for rentals. Those are a separate compliance matter from the design we do; Superior Property Services can help with Healthy Homes compliance once the dwelling’s built and tenanted.

You don’t need a registered architect specifically — but you do need a Licensed Building Practitioner with Design Class 2 to design the work, even under the exempt pathway. The exemption removes the building consent step. It doesn’t remove the design requirement, the Building Code compliance requirement, or the LBP requirement.

Practically: the dwelling still needs proper drawings, a structural design that holds up, services planned in, and documentation a builder can price and build from. We do that work either way — under the exempt pathway or the consented one.

No — our work is Auckland-only. The reason is honest: planning rules and council processes vary enough between councils that being deeply familiar with Auckland’s is what we trade on. We’d rather do that one thing well than spread thin.

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