![]() |
| Figure 3 from Granny flat Exemption Guidance |
Recent Building Act changes introduce a building-consent
exemption pathway for certain small standalone dwellings (commonly called
granny flats), provided the specific exemption conditions are met (including
notification and documentation requirements) and the work is carried out to
comply with the Building Code.
Most people focus on the headline (no building consent). In
practice, the design conversation usually turns on one condition that can make
or break feasibility on a real site:
The exemption guidance commonly describes a minimum
separation of 2 metres from any legal boundary and 2 metres from other
residential buildings (subject to the definitions and measurement rules in the
current guidance).
That single line is what often determines whether a
“nice-to-have” layout becomes an awkward compromise—or a clean, buildable
solution.
What the rule actually says (and how it’s measured)
In MBIE’s exemption guidance, the separation requirement is
stated plainly:
“Two metres or more away from any other residential building
or any legal boundary.”
Setbacks are measured from the legal boundary to the
building as defined in the exemption guidance—so you shouldn’t rely on fence
lines or assumed boundaries where accuracy matters.
This is why the 2 m rule is not just a planning-style
“setback”—it’s a practical geometric constraint that affects:
- maximum
possible footprint width and length
- where
doors, decks, and services can go
- how
you thread access around an existing home
Why “2 metres from existing buildings” is the real sting
The “2 m from boundary” part is easy to understand. The real
catch on many sites is the second half:
2 metres from any other residential building
In many typical sites, that means maintaining a minimum 2 m
separation from the existing dwelling on the same site (and from any other
residential building), as interpreted under the exemption definitions.
So even if you have a generous backyard, you can’t always
tuck the unit close to the main house to make the site “work” (for example, to
preserve a driveway or avoid an easement). In effect, the exemption tends to
require a clear separation corridor between the two.
Design consequence: you don’t just draw a boundary
setback; you also draw a “no-build halo” around the existing dwelling. On
compact sites, those halos collide—leaving an oddly shaped leftover patch that
can dictate the plan more than your brief does.
How the 2-metre rule reshapes the configuration
1) It sets the maximum building width before you even
start designing
If a site area allows a granny flat “somewhere,” the usable
rectangle is still reduced by setbacks.
Illustrative example only:
Say the available “slot” between boundary constraints is 12.0 m wide. Less 2.0
m on the left boundary and less 2.0 m on the right boundary means the maximum
theoretical building width becomes 8.0 m—before you account for
driveways, turning, services, outdoor living, easements, or other constraints.
If the site is narrower—or you need vehicle access down one
side—your workable width can quickly drop into the 5.5–6.5 m range,
which heavily influences:
- corridor
vs open-plan efficiency
- bathroom/laundry
stacking
- whether
you can do two bedrooms without a “railway carriage” feel
2) It pushes you toward long, shallow footprints
Because width is often the first casualty, designers
typically respond with:
- longer
rectangles (e.g., ~9–11 m long)
- tighter
service spines
- fewer
plan “jogs” (which consume width fast)
This is why many exempt granny flats end up as simple bars:
it’s not aesthetic minimalism—it’s setback math.
3) It changes where the front door wants to be
The 2 m separation zone between buildings is tempting to use
as:
- a
walkway
- a
services run
- an
access path to keep the backyard functional
But that can also create a “back-of-house” arrival
experience unless you deliberately shape:
- entry
orientation
- lighting
and privacy screening
- a
small outdoor threshold that feels intentional
4) It affects decks, steps, and outdoor living (even when
the rule talks about the building)
Even where separation is expressed in terms of the building,
in practice you still have to think carefully about:
- eaves
and gutters
- maintenance
access
- overland
flow paths and stormwater detailing
- how
you keep water and overflow away from tight side yards
The “2 m corridor” quickly becomes multi-purpose: access +
drainage thinking + maintenance + privacy buffer.
5) It interacts with other exemption “shape controls”
The exemption isn’t just about distance. It also includes
other limitations and conditions that need checking in the current guidance
before finalising massing and layout, such as limits relating to height,
storeys, and construction approach (refer to the current guidance for the exact
values and definitions), along with other construction conditions intended to
keep the build “simple.”
That matters because when setbacks squeeze footprint
options, people often try to “go up” or add split-level cleverness—exactly the
kind of moves the exemption is designed to avoid.
The practical site-planning workflow that works
If you want to avoid redesign loops, start with a blunt
feasibility overlay:
- Confirm
the legal boundary (preferably from a survey/base plan where accuracy
matters).
- Draw a
2.0 m offset inside all boundaries.
- Draw a
2.0 m buffer around the existing dwelling (and any other
residential building).
- Only
then test footprints (bars, L-shapes, corner placements), and check
whether:
- the
access/parking strategy still works
- services
can connect sensibly
- outdoor
space isn’t reduced to leftover strips
This approach makes the constraint visible early—before
anyone emotionally commits to a plan that only works by “cheating” the
separation.
Don’t confuse “building consent exempt” with “everything
exempt”
Two reminders that stop nasty surprises later:
- The
exemption is about building consent only—work still needs to comply with
the Building Code, and there are notification/documentation steps to
follow under the exemption conditions.
- Resource
consent is a separate track. Whether planning approval is required depends
on the district plan/NES settings, zoning, overlays, servicing, and site
specifics—confirm with a planner or council before relying on any
exemption pathway.
The bottom line
The new granny flat pathway is available in principle—and it
can simplify delivery—but the 2-metre separation requirement is the condition
that most directly shapes what you can physically fit on a site.
Treat it as the starting geometry of the project, not a
compliance footnote:
- 2 m
to boundaries defines the outer frame
- 2 m
to the existing house defines the internal “no-build corridor”
- what
remains dictates the plan typology (often long, simple rectangles) more
than personal preference does
Footer: General information only, not legal or
council advice—confirm requirements with your council/planner and verify
boundaries by survey before committing to design or construction.
