Theres been a lot of fanfare recently about changes to building consent and resource consent requirements related to minor dwellings (or “Detached Minor Residential Units”/ “”DMRU”). In terms of resource consents, the new provisions came into legal effect on 15 January 2026, with a new National Environmental Standard for Detached Minor Residential Units (called the “NES- DMRU”).
This will be good news to some, but not that much different to current rules for others. There are also still rules that must be met, and some resource consent requirements are still in place. It’s not quite as permissive as some of the messaging indicates.
What does the NES- DMRU say?
One of the first things you’ll notice is that the NES- DMRU doesn’t refer to the buildings as granny flats, minor dwellings or minor units as we’re often used to, but “detached minor residential units”. Essentially thought, it’s the same thing. This National Environmental Standard seeks to make the rules more consistent nationwide and reduce the need for resource consents. The impact of this will vary, for example in Auckland and under the Auckland Unitary Plan minor dwellings have been a permitted activity in many zones for a number of years. You often didn’t need a resource consent.
What zones does the NES- DMRU apply in?
Not everywhere- only in the following zones:
- Māori purpose zone:
- mixed use zone:
- residential zone:
- rural zone.
What are the new rules in the NES- DMRU?
These are called regulations but are basically rules. If your sites in one of the zones above, the NES- DMRU rules include:
- Size
A floor area that is equal to or less than 70 square metres.
- Building Coverage for the site
This rule varies depending on the zone (Residential Zone- no more than 50%, in the Māori Purpose Zone, Mixed Use Zone and Rural Zone- building coverage of the site must comply with the district plan rules).
- Setback from principal residential unit
The DMRU must be set back no less than 2 metres from the principal residential unit.
- Setback from boundary
This requirement also varies, depending on the zone:
Māori Purpose zone: comply with the site setback requirements in the district plan in a Māori purpose zone.
Mixed use Zone: comply with the site setback requirements in the district plan in a mixed use zone.
Residential zone: be set back no less than 2 metres from the front, side, and rear boundaries of the site in a residential zone.
Rural Zone: be set back no less than 10 metres from the front boundary and 5 metres from the side and rear boundaries of the site in a rural zone
Do I still need a resource consent?
In short, you could and this would need a site and project specific resource consent review. Resource consent can still be triggered by (for example):
- Earthworks rules and standards,
- Rules related to natural hazards,
- Overlays that affect the site and can trigger resource consent, for example the Outstanding Natural Landscapes Overlay in the Auckland Unitary Plan,
- All regional plan rules, such as those relating to wastewater, still apply
You could also require resource consent if you don’t meet the new rules in the NES- DMRU. This is because if you don’t meet the NES- DMRU regulations, the usual district plan rules then apply.
Building consents
On the building consent side, its not a clear-cut exemption for all units either. You can find out more in this link.
Contributions
Also keep in mind that development contributions and other fees for servicing and other infrastructure connections will still apply. You should contact your local Council and service providers (such as Watercare) to get estimates for these.
Overall advice
Overall, our advice is that the changes aren’t as permissive as the messaging suggests. Consent will still be needed in a number of cases, and you should investigate this before starting any work.
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