Granny Flats without consent? Government says Yes (from 2026)

14 October 2025

The dream of building a “granny flat” in the backyard, whether for extended family, extra rental income or simply greater flexibility, is about to get a lot more achievable.

 

New Zealand’s Parliament has passed the Building and Constructions (Small Stand-Alone Dwellings) Amendment Bill, which will come into effect in early 2026. The new law will allow certain small, stand-alone homes to be built without needing building consent, under clear and safe conditions.

 

What will the new law allow? 

From 2026, homeowners will be able to build a single-storey, stand-alone dwelling of up to 70 square metres, without applying for formal building consent, as long as:

 

  • The design is simple and fully compliant with the Building Code (covering safety, energy efficiency, durability, and more)


  • The build is carried out or supervised by a Licensed Building Practitioner (LBP)


  • The homeowner notifies the Council before and after construction.

 

The aim is to speed up construction, reduce compliance costs, and make it easier for Kiwis to add more living space, all while keeping construction standards high.


What about Council Contributions?

Although a building consent won’t be required, homeowners will still need to obtain a Project Information Memorandum (PIM). Through this process, infrastructure contributions (e.g. for water, sewerage, and transport) can still be charged by local Councils to ensure essential services are maintained.


Two people in professional attire reviewing documents, one holding a pen, with a gavel on a table.

Complementary RMA Reforms:

 In parallel, the Government plans to introduce a new National Environmental Standards (NES) to support the changes. This will allow one granny flat per property, to be built without a resource consent, so long as:


  • The main dwelling and the granny flat are on the same title, and


  • The property is residential or rural-zoned.


This move will help bypass some of the resource consent hurdles that currently slow down or block small-scale development.

 

How can we help? 

At our law firm in Christchurch we can assist with:

 

  • Title reviews (cross-lease, unit title, easements, covenants, etc)


  • Checking eligibility of your section under the new framework.


  • Advising on legal and planning risks – especially for future subdivision, family arrangements, or tenancies.


  • Supporting PIM applications and compliance with Building Code standards.


  • Drafting tenancy agreements or family use arrangements where needed.

 

A practical step towards more housing:

 

This is one of the most meaningful regulatory shifts in housing policy in the recent years. It’s expected to enable over 13,000 new small homes in the next decade – offering relief to families, communities and renters alike.

 

If you’re considering building a granny flat, now is the time to start planning. Get in touch with us and our property lawyers based in Christchurch will help you get it right from day one.

 


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10 Reasons to get legal advice before lending money to family

8 October 2025
Lending money to a family member may seem like a simple, well-intentioned gesture; after all, it’s someone you love and trust, what could possibly go wrong? But when financial arrangements between family members go awry, the emotional and financial fallout can be significant. As one of Christchurch’s leading legal practices in family law and civil litigation, Weston Ward and Lascelles are unfortunately highly experienced in seeing how these disputes over money roll out. With fractured familial relationships and financial stress, the nice gesture transforms into a protracted legal battle. To avoid the risk of a family fall out, we strongly recommend seeking legal advice before lending money, even to those closest to you. You may feel reluctant to pay legal fees, but by doing so you have an opportunity to protect your money and, more importantly, your relationships. Here are ten compelling reasons how consulting a lawyer before handing over funds keeps your loan safe: 1. Clarify whether it’s a loan or a gift In legal terms, there’s a world of difference between a gift and a loan. If your family member later claims the money was gifted, rather than loaned, you may have no legal recourse to recover it. This is particularly problematic when there’s no written agreement. At Weston Ward and Lascelles, we help you define the nature of the transaction clearly and legally. A simple clause or agreement makes the difference between a repayable loan and a regretted gesture of goodwill. 2. Create a legally binding loan agreement Unlike selling or buying a property which always require a written contract, some verbal promises can be legally binding. However, they can be complex to uphold up in court, and even trickier to enforce. Enforcing a verbal contract relies on being able to demonstrate all the legal requirements of a legal contract have been met, i.e. including offer, acceptance, consideration, and an intention to create legal relations. From reading the previous sentence, you are likely feeling hot under the collar imagining the legal costs required to recoup your money. Weston Ward and Lascelles team specialise in civil litigation in Christchurch and can draft a legally binding contract to protect both parties. Should the matter result in a dispute, you have a signed legal loan agreement that is not open to discussion.