There is an important planning update that may be relevant if you are considering a granny flat (now formally referred to as a Detached Minor Residential Unit (DMRU)).
 
From 15 January 2026, new national regulations come into force under the Resource Management Act 1991 - the Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025. These regulations apply nationwide, including in Auckland, and have direct legal effect regardless of whether the Auckland Unitary Plan (AUP) have been updated.
 
What is the new NES for DMRUs?
Under the new National Environmental Standards (can be found here):

• One detached minor residential unit per site is a permitted activity in residential, rural, mixed use and Māori purpose zones, provided the national standards are met.
• Where those standards are met, a land-use resource consent is not required under the RMA.

 
Key national standards include (among others):

• Maximum floor area of 70m²
• One DMRU per site
• Minimum 2m setback from all boundaries in residential zones
• Minimum 2m separation from the principal dwelling
• Maximum 50% site coverage in residential zones (noting that other zone-specific standards apply in rural, mixed use and Māori purpose zones.)

 
Where these standards are complied with, the regulations also limit which AUP rules can apply. In particular, AUP controls relating to amenity matters such as outdoor living space, privacy, outlook, glazing, sunlight access and parking do not apply to a compliant DMRU.
 
However resource consent may still be required, as the NES do not remove all planning controls. A resource consent may still be required, including for:

• Natural hazard and health and safety matters (for example PC120 natural hazards, flooding, coastal erosion or land instability)
• Earthworks beyond permitted thresholds
• Infrastructure servicing constraints (stormwater, wastewater, water supply)
• Subdivision (a DMRU does not create a separate title!)
• Any proposal that does not meet the national standards set out in the NES

 
If the national standards are not met, a resource consent will be needed.
 
The new national standards do not require a Project Information Memorandum (PIM). However, a PIM remains a very useful due-diligence tool, as it provides site-specific information on hazards, infrastructure constraints and other statutory matters that may still be relevant under the national standards. In this instance we would recommend that a PIM is lodged with Council as part of any minor dwelling project to reduce the risks.
 
Building consent requirements
The above relate only to resource consent requirements under the RMA. Building consent requirements are addressed separately under the Building Act 2004. Government guidance on the building consent exemptions for small standalone dwellings is available on www.building.govt.nz, and in some circumstances a building consent may still be required even where no resource consent is needed (or vice versa, a RC needed where BC isn’t).
 
In summary, the new national standards can potentially provide for a “consent-less” way to establish a minor dwelling for the grandparents, but noting they do not remove the need for careful site-specific assessments. Matters like zoning, hazards, infrastructure, earthworks and building legislation remain important considerations and due diligence is certainly required.
 
If you are considering a granny flat and would like to understand how these new rules apply to your property, we’re happy to review this with you and provide clear, site-specific advice.

​Credit: Avant Planning - https://avantplanning.co.nz

For additional information and resources, please visit the Building Performance website - 
https://www.building.govt.nz/projects-and-consents/planning-a-successful-build/scope-and-design/check-if-you-need-consents/building-work-that-doesnt-need-a-building-consent/granny-flats-exemption-guidance-and-resources