Non-consented small standalone dwelling
Recent government changes make it easier for homeowners to build self-contained second dwellings (granny flats) on existing properties. Granny flats of up to 70 square metres can now be built without a building consent, provided specific criteria are met.
Before starting any building work, we strongly advise homeowners to ensure the proposed work meets all exemption criteria. Please check the Building Guidance resources for more information.
Please ensure you have read and understand the legislation.
No building work may start before the PIM application is approved.
Homeowners must apply to the council for an Exemption Project Information Memorandum (PIM) by completing Form 2AA form. The FNDC Building Services team will issue the PIM within 10 working days of receiving a complete and compliant application.
Form 2AA: Application for PIM for non-consented small standalone dwelling
To qualify for the exemption:
- The dwelling must have a simple design and fully comply with the Building Code
- It applies only to standalone dwellings, not extensions or additions.
- Homeowners must notify their local council before construction begins and again once the build is completed.
- All building work must be carried out or supervised by licensed building, plumbing and drainlaying professionals (LBPs).
- The exemption doesn’t remove responsibility. Instead, it provides a more streamlined pathway for compliant builds. All exemption conditions must be satisfied.
Please use the helpful step-by-step guides.
Please submit your application with the following:
- 2AA Application Form, completed in full
- Proof of ownership, such as a Certificate of Title
- Plans, clearly showing all applicable criteria
Please note:
- If your application is incomplete or does not include the correct accompanying documents, it will not be lodged, and charges will apply.
- If your application does not meet the required criteria, it will be rejected.
- If payment is not made, your PIM will not be released and could be refused due to non-payment.
- If building work is not completed before the expiry date, and an extension to the PIM has not been granted, your PIM will expire, and you may be infringed.
- If the documents you submit are not compliant, you may incur additional charges or risk infringement.
Please review the legislation before lodging an application.
MBIE guidance provides detailed information on how to use the exemption and what qualifies as a granny flat. It outlines the required steps at each stage of the build and clarifies the roles and responsibilities of homeowners, LBPs, and councils.
The guidance also includes practical checklists, templates, and links to supporting resources to help ensure compliance with the exemption conditions.
Council Building Services team is responsible for:
- Receiving Exemption PIM applications (Form 2AA)
- Reviewing the preliminary plans and information supplied to determine whether, based solely on the information provided, the proposed building work appears to meet the exemption criteria in Schedule 1A
- Issuing a PIM with accompanying information forms (Forms 2AAB and 2AAC) stating whether the proposal is:
- likely to meet the exemption criteria
- unlikely to meet the exemption criteria, or
- unclear
- Providing relevant site information in the PIM, including:
- District Plan rules
- natural hazards
- heritage status
- infrastructure availability
- applicable bylaws
- Issuing development contribution notices where applicable
- Receiving and storing Records of Work and post-construction documentation
- Including this information on the FNDC property file and Land Information Memorandum (LIM)
- Considering and processing requests for PIM extensions
- Issuing Notices to Fix where building work is unsafe or non-compliant
Council is not responsible for:
- approving eligibility for the building consent exemption
- inspecting, monitoring, or approving exempt building work
- assessing or certifying Building Code compliance
- reviewing submitted documentation for compliance (records are stored only)
- verifying or guaranteeing that the exemption criteria are met
Responsibility for compliance remains with the homeowner.
Homeowners are responsible for:
- applying to the council for an Exemption PIM
- obtaining the Exemption PIM from FNDC before starting any building work
- ensuring all exemption conditions are met
- ensuring the building work fully complies with the Building Code
- engaging licensed building practitioners for all restricted building work
- submitting all required documentation to FNDC within 20 working days of completion (Note: you have up to two years from the date the PIM is issued to complete the work)
- paying any development contributions notified by FNDC
- applying for a building consent where the exemption criteria are not met
If the exemption criteria are not met, enforcement action may apply. FNDC encourages homeowners to seek advice early to avoid any issues.
Within 2 years of the Exemption PIM being issued by FNDC, owners must provide council with:
- final building and plumbing/drainage plans
- Records of Work and Certificates of Work
- plumbing, drainage, gas, and electrical compliance certificates
This process is administrative only.
The council does not review completed building work for Building Code compliance, but retains statutory enforcement powers where work is unsafe or does not meet legislative requirements.
Before construction begins, owners must notify council Building Services by applying for an Exemption PIM. FNDC will advise whether the proposal is likely, unlikely, or uncertain to meet the exemption criteria.
If homeowners choose to proceed against FNDC advice, they do so at their own risk.
Certain site constraints (such as natural hazards or District Plan rules) may require a full building consent or resource consent.
While the intention of the legislation is to reduce the need for resource consent, changes to the National Environmental Standards (NES) have not yet been finalised. As a result, a project may meet the building consent exemption criteria but still require resource consent under the Resource Management Act.
Council strongly recommends that homeowners contact a Council Duty Planner or Building Control Officer to discuss their proposal before proceeding.
Granny flats up to 70 m² may be built without a building consent if the exemption criteria are met. Council must be notified before and after construction. The Building Code must still be complied with in full. Resource consent and development contributions may still apply, depending on the site and planning rules.
Disclaimer
This guidance has been prepared by the council based on information available at the time of writing. It is informed by MBIE publications, government announcements, and council guidance. It does not replace legislation and may change as further information is released by the Central Government or MBIE.