From 15 January 2026, a new National Environmental Standard (NES) makes it significantly easier to add a detached minor dwelling, often called a granny flat, to residential properties across Auckland.

The new, nationally consistent, permitted activity rules will apply to all the Auckland Unitary Plan Residential Zones, the Business - Mixed Use Zone and also removes rules requiring consents for the Rural Zones.

For many homeowners, this removes the uncertainty, delay, and cost that has traditionally come with council consenting.

What does the new standard allow?

Under the new rules, one detached, self-contained minor dwelling per site can be built without resource consent, provided it meets the national standards:

• Up to 70m² of internal floor area

• 2m setbacks to all boundaries

• 2m separation from the main dwelling

• Up to 50% site coverage in Residential zones

• Must remain in common ownership with the main house

If these standards are met, the dwelling can proceed as a permitted activity, even where the Auckland Unitary Plan would previously have required consent.

Why this is a big deal in Auckland

One of the biggest advantages of the new NES is what it removes from the equation.

For a compliant minor dwelling, councils can no longer apply many of the usual on-site controls, including:

• Minimum outdoor living space rules

• Parking requirements

• Privacy, outlook, or sunlight/daylight controls

• Window placement or glazing rules

• Minimum dwelling size rules beyond the NES limit

These requirements have often been the difference between a project being permitted—or requiring a full resource consent. Hence the impact in Auckland is significant. 

Does this apply in higher-density zones?

Yes. The new rules apply equally across all Residential zones, including Mixed Housing Urban and THAB.

This means a detached minor dwelling can still be permitted even on sites already zoned for more intensive development, provided the NES standards are met, effectively turning off controls like outlook space, daylight and outdoor open space that would otherwise apply.

 What still needs checking?

While the new rules are generous, they don’t override everything. Some sites will still need careful planning due to:

• Flooding or coastal hazards

• Stormwater and earthworks controls

• Overlays (such as special character, heritage, or notable trees)

• Subdivision proposals (the NES allows a dwelling, not a new title)

This is where early planning advice from a specialist can save time and avoid costly redesigns. Our Planning Team at CLC are here to help.

Our take:

This is one of the most practical and homeowner-friendly planning reforms we’ve seen in years. For many Auckland properties, a detached minor dwelling is now faster, simpler, and more achievable than ever before.

The key is getting the site assessment and design right from the start—so you can confidently rely on the permitted pathway.

If you’re thinking about adding a minor dwelling, we can help you:

• Confirm whether your site qualifies, and

• Navigate any remaining constraints, and

• Design with confidence under the new rules.

Get in touch to find out what your property can do.