Tiny home rules in New Zealand
Four rules decide almost every tiny home question in New Zealand: the Schedule 1A granny flat exemption up to 70 m², the test for whether a home on wheels is a building at all, the Schedule 1 exemptions at 10 and 30 m², and your district plan. Work out which one you are under before you spend anything.
Last checked 15 September 2026 against the MBIE Tiny Houses guidance, fifth edition, January 2026The 70 m² granny flat exemption
Schedule 1A of the Building Act 2004 lets an eligible granny flat of up to 70 m² be built without a building consent. It is still a dwelling and still has to meet the Building Code. Restrict…
ReadRuleTiny house on wheels: vehicle, building, or both
Under section 8 of the Building Act, a vehicle counts as a building if it is immovable and occupied by people on a permanent or long-term basis. So a tiny house on wheels can be a vehicle, a…
ReadRuleSleepouts and cabins: the 10 and 30 m² consent exemptions
Schedule 1 of the Building Act exempts detached buildings up to 10 m² (exemption 3), and up to 30 m² where they are lightweight, LBP-built or an engineer-reviewed kitset (3A, 3B and 43). Non…
ReadRuleResource consent, district plans and minor dwellings
A building consent exemption does not exempt you from your district plan. Councils run two systems: building consents under the Building Act, and resource consents under the Resource Managem…
Read10, 30 or 70 m²: which rule are you under?
Up to 10 m²
No sanitary facilities, no potable water storage. Sleeping only if it is used with a dwelling and has no cooking facilities.
Read the ruleOver 10, up to 30 m²
Lightweight construction, or LBP-built or supervised, or an engineer-reviewed kitset. Not within 1 m of a residential building or a legal boundary.
Read the ruleUp to 70 m²
A detached dwelling. Restricted building work designed and built or supervised by an LBP, and you notify the council before and after.
Read the ruleAreas drawn to scale against 70 m². These compare floor area only — a real 30 m² home is usually a long rectangle, not a square. Conditions from the MBIE Tiny Houses guidance, fifth edition, January 2026.
Which question comes first?
If it is on wheels, start with whether it is a building at all, because nothing else follows until you know. MBIE's test has two halves and both must be true: the home must be immovable and occupied by people on a permanent or long-term basis. Answer that on tiny house on wheels.
If it sits on the ground, the question is floor area and whether it has a bathroom. Anything with a toilet, shower, basin or drinking-water tank cannot use a Schedule 1 exemption at all — MBIE is explicit that detached buildings under Schedule 1 "cannot contain sanitary facilities or facilities for the storage of potable water". That pushes you to the 70 m² granny flat exemption or to a building consent.
Three things that are true whichever rule you are under
- The Building Code always applies.MBIE: "All building work must comply with the Building Code, even if it does not require a building consent." An exemption removes the council's check, not the standard.
- Connecting to services needs a consent."If you are planning to connect your tiny house to utility services, such as storm water or foul water, you will need to obtain a building consent."
- Your district plan is a separate question. Building consent and resource consent run under different Acts with different definitions. See resource consent and district plans.
What is not on these pages
Figures circulate online for when the granny flat exemption commenced, how much it saves, what a council consent fee averages and how long it takes. They are not here. The official pages that would confirm them refuse automated requests, so nobody here has read them at the source, and we do not repeat numbers we have not read. Our editorial policy explains how that works and how to tell us if we have something wrong.
Sources
- Tiny Houses guidance, fifth edition, January 2026 — Ministry of Business, Innovation and Employment (PDF) — last checked 15 September 2026
- Building Act 2004 — New Zealand Legislation — last checked 15 September 2026
- Resource Management Act 1991 — New Zealand Legislation — last checked 15 September 2026
- Land Transport Act 1998 — New Zealand Legislation — last checked 15 September 2026
Not sure where you stand? Answer six questions.
The checker tells you which rule your build falls under and links you straight to it. Free, and it doesn't ask for your email.