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No Building Consent under 70sqm
All building regulations still apply under the new rules to come, the only change is the removal of the building consent fee, which is a small part of overall costs.
Closing Impact Statement
Timeframe for reviewMBIE intends to review the arrangements within three years after commencement of the building consent exemption. This is due to level of risk introduced by removing building inspections and certification of the building work by an independent third-party. The review will focus on the effectiveness of the policy, and whether the proposed conditions are fit for purpose and sufficiently managing risk.
Sloppy Builders
Full Impact Statment Report
Advantages not waiting for new regulations
- Protect Your Investment
- A consented build gives you an official council record of approval
- Easier to insure
- Easier to finance with banks
- More valuable and attractive for resale
- Avoid rising costs
- Building costs are climbing every year, materials, labour, and site works. Waiting for new rules might save you a consent fee but could cost you thousands more in price increases and inflation.
- Compliance & peace of mind
- With consent, council inspectors check key stages of your build. This is your quality assurance, reducing the risk of costly mistakes. Without consent, you’ll still need to prove Building Code compliance, but the risk and responsibility fall on you.
New Location Restrictions
The proposed exemption requires granny flats to be built further back from boundaries. On smaller sites, this can seriously limit placement options. With consent, you can apply for standard setbacks or request variations, giving you far more flexibility.
Infrastructure Costs Still Apply
- Even under the exemption, councils will continue charging for infrastructure and service connections. The only saving is the consent fee, a small fraction of the total project cost. Do I Still Need a Geo Report?
- Yes. Even under the no-consent rules, the Building Code applies. A geotechnical (geo) report is still strongly recommended because it:
- Confirms your land is stable enough for foundations
- Prevents future issues like sinking, drainage failures, or land movement
- Is often required by banks, insurers, and valuers
- Provides peace of mind that your investment is safe and compliant
- Bottom line: The exemption might save time and fees, but a geo report protects your home, finances, and future.
Councils must be notified
You must notify your council before you start to build and when building is complete.
Before building work starts
- Homeowners must notify their council of their intention to build using a new Project Information Memorandum (PIM) form. This enables councils to share relevant information with owners and supports the collection of development contributions.
- Councils must advise homeowners on whether specific elements of the proposed building work are likely, unlikely or uncertain to meet the proposed building consent exemption. This is not an approval process and homeowners can choose to build irrespective of council advice.
- Choosing to build on land where a natural hazard exists, as defined by section 71(3) of the Building Act 2004, may require a building consent. This is unless adequate provision has been made to protect the land, building work, or other property from the natural hazard.
- A homeowner will have 2 years to complete the build from the PIM issue date.
- If a PIM lapses and building work is not complete, homeowners will need to get a new PIM or talk to their council about extending the timeframe of the original PIM. This ensures that the information provided by a council is up to date and supports homes to be built to the Building Code.
When building work is complete
- Building work is considered complete once a homeowner has received all relevant records of work, certificates of work, certificates of compliance, electrical safety certificate and gas safety certificate from licensed building professionals.
- Homeowners must provide councils, within 20 working days on completion of work, a set of plans for both building and plumbing and drainage work.
- Plans must show the final designs the home was built to. This is an administrative process. Councils cannot review built plans to determine if a small standalone dwelling complies with the Building Code.
- Homeowners that fail to provide relevant documentation to councils within 20 working days may be subject to a new infringement offence.
- Homeowners must pay any development contributions charged within 20 working days of completion of building work.
- Homeowners must meet all building consent exemption conditions. Otherwise, they are required to get a building consent.
- The small standalone dwelling building consent exemption is expected to be in force early 2026. Existing building work underway is not eligible to be exempt from requiring a building consent. Councils retain their existing powers to address non-compliant building work.