The 70 m² granny flat exemption

Schedule 1A was added to the Building Act 2004 to let small standalone dwellings be built without a building consent. MBIE folded it into its Tiny Houses guidance in the fifth edition, published January 2026. This page sets out what that guidance actually says, and nothing beyond it.

What does the exemption cover?

It covers what MBIE calls a granny flat, meaning a small standalone dwelling. In its own words, Schedule 1A "enables eligible dwellings of up to 70 square metres to be built without a building consent, provided they meet specific design and construction conditions and are built or supervised by licensed professionals".

What are the conditions?

MBIE's guidance sets out the exemption in these terms: the floor area is capped at 70 m²; restricted building work must be designed and built, or supervised, by a Licensed Building Practitioner; and homeowners must notify their local council both before construction begins and after the building work is completed.

• Maximum 70 m² floor area. The guidance describes the exemption as "limited to a maximum floor area of 70 square metres".
• Single-storey and standalone. MBIE describes it as a granny flat, a small standalone dwelling, classified as Housing – detached dwelling.
• Restricted building work by an LBP. It "must be designed and built, or supervised by a Licensed Building Practitioner (LBP)". This is the part that rules out a DIY build of the structural and weathertightness work.
• You notify the council twice. "Homeowners are required to notify their local council both before construction begins, and after the building work is completed."
• It must meet the Building Code in full, as a detached dwelling.

How is this different from the 10 and 30 m² exemptions?

Schedule 1 and Schedule 1A do different jobs. Schedule 1 exempts detached buildings that are not dwellings, and MBIE notes that a detached building built under Schedule 1 "cannot contain sanitary facilities or facilities for the storage of potable water" — so no bathroom and no water tank. Schedule 1A exempts an actual dwelling, up to 70 m², which is why it comes with the LBP and notification conditions that Schedule 1 does not have.

Does a factory-built or transportable home fit the exemption?

It can, but the exemption is about the building and the people who design and build it, not about where it was assembled. Two things to be careful of. First, if the home is delivered rather than built in place, someone still has to be the LBP responsible for the restricted building work, and the foundations and connections on your site are building work too. Second, MBIE treats moving an existing building onto a site 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." Ask the builder in writing which pathway they are using.

What if it is on wheels?

Then you are asking a different question first: is it a building at all? A tiny house on wheels may be a vehicle, a building, or both, and MBIE has a specific test for it. Work through the vehicle-or-building test before you look at any consent exemption, because a home that is a vehicle is not being built under Schedule 1A.

Do you still need a resource consent?

Possibly. Building consent and resource consent are separate systems, run under separate Acts, and the granny flat exemption is a building consent exemption only. Your district plan still governs what can go where. MBIE puts it plainly: "you should check with your local council to make sure your tiny house complies with your local district plan. If it doesn't, you will need a resource consent." See resource consent and district plans.