New Rules for Minor Dwellings

Written By Claire Booth

As of January 15, 2026, new Government regulations have streamlined the process for building Detached Minor Residential Units (DMRU’s). Under the new National Environmental Standard (NES), you may be able to build a unit without a Resource Consent, provided you meet specific criteria.

Can You Build Without a Resource Consent?

A building of up to 70m² does not need a Resource Consent if it meets these core standards:

  • Limit: Only one DMRU is allowed per site.

  • Separation: It must be detached from the main house and set back by at least 2m.

  • Residential Zone Coverage: Total building coverage on the site must not exceed 50%.

  • Residential Setbacks: Must be at least 2m from all property boundaries.

  • Rural Zone Setbacks: Must be at least 10m from the front boundary and 5m from side/rear boundaries.

Note: For Māori Purpose, Mixed-Use, or Rural zones, building coverage must comply with your specific District Plan requirements. The NES does not apply in Commercial and Industrial zones- The normal Resource Consenting process applies.

Important Constraints & District Plan Rules

Even if you meet the size and setback requirements, the DMRU must still comply with District Plan rules regarding:

  • Natural Hazards: Sites cannot be within flood, coastal, or landslide hazard areas.

  • National Importance: Includes outstanding natural landscapes or areas with significant vegetation.

  • Infrastructure: Adequate access and "three waters" (water, wastewater, stormwater) servicing must be available.

  • Earthworks: Standards vary by zone and must be strictly followed.

  • Subdivision: Most plans prohibit subdividing the DMRU from the main dwelling.

  • Use of the DMRU: for any use other than Residential.

Building Consent & Technical Requirements

While Resource Consent might be waived, a Building Consent may still be required. To qualify for exemptions, the build must:

  • Be a single-storey new build (no alterations or extensions).

  • Have a maximum height of 4m above the floor.

  • Not contain a mezzanine floor.

  • Meets a whole bunch of other technical building requirements.

Homeowners will need to inform Councils prior to construction and post construction. There is some inconsistentcy with the NES and the Building Consent Rules so pays to check the requirements early!

Development Contributions: Be aware that councils may still require development contributions even if consents are not needed.

Expert Tips for a Smooth Build

  1. Get Planning Advice Early: Planners check overlays, natural hazards, and site-specific rules to ensure you don't face "headaches" once the Council is notified.

  2. Check Infrastructure Capacity: In areas like Auckland, wastewater constraints may prevent new connections until infrastructure is upgraded. Engage service providers early.

  3. Secure a PIM: Obtain a Project Information Memorandum (PIM) before starting work.

  4. Hire Professionals: Always engage a Licensed Building Professional.

  5. Notify Council: Homeowners are required to inform the Council both before and after construction.

Ready to start your project?

Contact Claire at claire@cbplanning.co.nz for professional planning advice.

Claire Booth