- Exemption 3
- ≤ 10 m² no LBP condition
- 3A, 3B, 43
- 10–30 m² one extra condition each
- Bathroom
- Not allowed under any Schedule 1 exemption
- Boundary
- 1 m for 3A, 3B and 43
Schedule 1 of the Building Act lists building work you can do without a building consent. Four of its exemptions matter for sleepouts, cabins and small standalone buildings. They all build on each other: 3 sets the base conditions, and 3A, 3B and 43 each add one route to going over 10 m² and up to 30 m².
10, 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.
Exemption 3: detached buildings up to 10 m²
This is the base case. MBIE lists four limitations.
- It is not more than 1 storey — meaning a floor level of up to 1 metre above the supporting ground, and a height of up to 3.5 metres above the floor level.
- It does not exceed 10 square metres in floor area.
- It does not contain sanitary facilities or facilities for the storage of potable water.
- It does not include sleeping accommodation, unless the building is used in connection with a dwelling and does not contain any cooking facilities.
That last one is the sleepout clause, and it is worth reading slowly. You can sleep in it, but only if it is used in connection with a dwelling — a sleepout in the back yard of a house, not a standalone home on bare land — and only if it has no cooking facilities. Add a hob and you have left the exemption.
Going over 10 m²: three routes up to 30 m²
Exemptions 3A, 3B and 43 all cover single-storey detached buildings exceeding 10 but not exceeding 30 square metres. Each starts with "all the limitations apply from exemption 3 above" — so the no-bathroom and no-potable-water-storage rules follow you up. Each then adds its own condition, and two more shared ones.
| Exemption | The route it gives you | Conditions on top of exemption 3 |
|---|---|---|
| 3A — lightweight materials | Built using lightweight wall and roof materials | Materials in accordance with Acceptable Solution B1/AS1 for timber or steel buildings; smoke alarms if it includes sleeping accommodation; no building work in connection with a building closer than 1 m to any residential building or to any legal boundary |
| 3B — licensed building practitioner | Any design or construction work is carried out or supervised by an LBP | Smoke alarms if it includes sleeping accommodation; the same 1 m rule from any residential building or legal boundary |
| 43 — kitset or prefabricated | A kitset or prefabricated building from a manufacturer or supplier | The manufacturer or supplier (as defined in section 14G of the Building Act) must have had the design carried out or reviewed by a chartered professional engineer; the building is a kitset or prefabricated building; the building work is carried out in accordance with the design; smoke alarms if it includes sleeping accommodation; the same 1 m rule |
Source: MBIE Tiny Houses guidance, fifth edition, January 2026, section 7.2. The number at the start is the clause number in Schedule 1.
What does the 1 metre rule actually mean?
For 3A, 3B and 43, the exemption "does not include building work in connection with a building that is closer than 1 metre to any residential building or to any legal boundary". Two separate distances: 1 m from the house (or any other residential building) and 1 m from the boundary. Note this condition does not appear in exemption 3, the 10 m² one.
If it is exempt, does it still have to meet the Building Code?
Yes. This is the point of the whole system and it is easy to get wrong. MBIE: "All building work must comply with the Building Code, even if it does not require a building consent." The exemption removes the council's consent and inspection process. It does not lower the standard, and it does not move the responsibility off you.
What about moving an existing cabin onto the site?
That is a different pathway. MBIE treats relocation as an alteration: "Relocating an existing building on an allotment is treated as an alteration to an existing building and as such will require a building consent for building work that is undertaken, as will procuring a purpose built prefabricated building." Section 112 of the Building Act governs it. Its list of things to consider includes commissioning a designer to plot the building on site in relation to legal boundaries, showing service connections, providing evidence it will still comply with the Building Code at least as well as it did on its original site, smoke detectors to F7/AS1, applying for consent, preparing the site for utility services and constructing foundations.
Where does resource consent come in?
Separately, and it still applies. A building consent exemption says nothing about your district plan. See resource consent and district plans, and if the building is on wheels start with the vehicle-or-building test instead.
Frequently asked questions
Can I build a sleepout without consent in NZ?
Up to 10 m², exemption 3 allows it, if it is single storey, has no sanitary facilities or potable water storage, and — for sleeping — is used in connection with a dwelling and has no cooking facilities. Between 10 and 30 m² you need one of exemptions 3A, 3B or 43.
Can the sleepout have a toilet or a shower?
No. MBIE states that detached buildings built under Schedule 1 "cannot contain sanitary facilities or facilities for the storage of potable water". That applies to all four of these exemptions.
Can I put a kitchen in it?
Under exemption 3, sleeping accommodation is only allowed if the building is used in connection with a dwelling and "does not contain any cooking facilities". So not if you also want to sleep in it.
How close to the boundary can it go?
For exemptions 3A, 3B and 43, the exemption does not cover building work in connection with a building closer than 1 metre to any residential building or to any legal boundary. Your district plan may set its own, stricter, setbacks.
Do I need smoke alarms?
Under 3A, 3B and 43, yes, if it includes sleeping accommodation. Exemption 3 as written does not list a smoke alarm condition, but installing them is still the sensible choice.
Does exempt work still have to meet the Building Code?
Yes. "All building work must comply with the Building Code, even if it does not require a building consent" (MBIE, January 2026).
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