Navigating New Laws for Tiny Homes

tiny home on property law

For Backyard Tiny Homes 

In the current market, a mix of soaring rents, escalating home prices, mortgage stress, record immigration, and a rising population is contributing to a housing crisis. One of the most common questions we get from potential tiny homeowners is whether they can build one on their property. There is no doubt that understanding the regulations around tiny homes can be confusing.  

Navigating the rules for tiny homes can indeed be challenging. In WA, obstacles to tiny home living often stem from local government planning schemes, imposed time limits, and restrictions related to utility connections. Recently, in response to the housing crisis, local councils have begun to streamline the process for tiny homes in backyard spaces.  

Previously, obtaining necessary approvals from local councils for building tiny homes, particularly granny flats in suburbs, was a lengthy process. Now, Western Australia is simplifying these regulations to enhance urban density. The recent changes to the Residential Design Codes (R-Codes) eliminate the minimum lot size requirement for ancillary dwellings, often referred to as granny flats. These dwellings no longer need council planning approval and can be constructed on properties of any size, provided they meet setback requirements and do not exceed 70 square meters.  

Granny flats offer an affordable, efficient, and suitable housing solution, which can be used for rental purposes or by elderly family members wishing to downsize while staying in their community. By removing the minimum lot size for compliant ancillary dwellings and allowing grouped dwellings to have ancillary units the process is streamlined and reduces unnecessary wait times, thereby creating more housing opportunities.  

Starting April 2024, the process of building a granny flat will become simpler as you will not need to seek approval from local councils. However, the granny flat must not exceed 70 square meters in size, and it must be built on a lot that is at least 350 square meters, down from the current requirement of 450 square meters. Additionally, all constructions must comply with existing setback requirements. 

Tiny Homes on Wheels  

Tiny homes on wheels are mobile dwellings and therefore not generally subject to the National Construction Code (NCC) but must still comply with the road size limitations. In Western Australia, this means that to be classified as a caravan, your tiny home must be under 2.5m wide, 4.3m high and 10.5m long. You will however still need to check with your local council that your tiny home on wheels meets any requirements for waste disposal and setbacks from your property boundary.  

Western Australia, like many states, has no statewide regulations that are specific to tiny houses – individual councils tend to have the final say on what is, and isn’t, allowed. Some councils have created specific policies for tiny houses with requirements more straightforward and a streamlined approval process.  

Before You Get Started  

For building a tiny home or granny flat in your backyard, reach out to Tinee Homes today. We can help you navigate the entire process, ensuring your new unit meets all necessary requirements and suits your specific needs. Let us guide you through design, planning, and construction so you can make the most out of your property with a perfectly tailored tiny home. Explore our innovative live in cubes modular home options for a compact and efficient living solution. Our cubes offer a unique blend of design, functionality, and sustainability, making them ideal for anyone looking to maximize their space 

Tiny homes on wheels offer a unique living solution that blends flexibility with the convenience of mobility. However, adhering to local regulations is crucial for a hassle-free experience. While these homes fall outside the National Construction Code (NCC), they must meet specific road size limitations to be considered legally movable. In Western Australia, your tiny home should not exceed 2.5 meters in width, 4.3 meters in height, and 10.5 meters in length, aligning with the standards for caravans. Explore our extensive range of design options for tiny homes, each crafted to provide comfort, efficiency, and style.  

Recognising the popularity of tiny homes, councils in Western Australia have introduced new laws and developed specific policies to streamline the approval process. These policies often include additional requirements and guidelines that make compliance simpler and the setup of tiny homes quicker within their areas. To ensure your tiny home on wheels meets all necessary standards and local regulations, it is crucial to consult with a specialised tiny home builder. A professional can provide you with the necessary guidance and support to ensure your mobile home is fully compliant and tailored to your needs.