While tiny home living can bring with it a whole new lifestyle, it also comes with the need to navigate zoning and legal considerations, all of which can vary depending on your location, and whether you have a tiny home on wheels or one on a foundation.
It is however crucial to have a good understanding of the local legislation before you get too far into your tiny home project.
There are several guidelines and considerations to keep in mind.
Zoning Laws
- Residential Zoning: Check local zoning regulations to determine if tiny homes are allowed in residential areas. Some places may have minimum square meterage requirements for dwellings.
- Accessory Dwelling Units (ADUs): In some areas, tiny homes may be allowed as ADUs or secondary dwelling units. Ensure compliance with ADU regulations if applicable.
Building Codes
- Building Code of Australia: Across Australia the Building Code of Australia is used as a basis for local building codes. Ensure your tiny home complies with relevant sections of the BCA or other applicable codes.
- Foundation Requirements: Some places may require a permanent foundation for a tiny home, while others permit alternative foundations like trailers. Understand the local stance on this issue.
Land Use Regulations
- Land Size Requirements: Some areas may have minimum land size requirements for building a dwelling. Verify if your chosen location meets these criteria.
- Zoning Overlays: Check for any overlays, such as historic districts or environmental protection zones, that may impose additional restrictions.
Utilities and Off-Grid Living
- Utility Hookups: Confirm whether your tiny home must be connected to public utilities. In some places, off-grid living may be restricted.
- Sewage and Water: Comply with regulations regarding waste disposal and water sources. Some areas may require a connection to municipal sewage systems.
Permitting Process
- Building Permits: Obtain the necessary permits for construction. This may include building permits, zoning permits, and, in some cases, environmental permits.
- Approval Process: Understand the local approval process, including any public hearings or community input required.
Insurance and Financing
- Insurance: Some insurers may have specific requirements for tiny homes. Ensure you can obtain adequate coverage.
- Financing: Securing financing for a tiny home can be challenging. Explore your options and be prepared for potential hurdles.
Updates and Changes
- Stay Informed: Zoning regulations can change. Stay informed about any updates or amendments to local laws that may impact your tiny home.
The Tiny House Movement
While the tiny house movement has been around for some time, when it comes to living in a tiny house or a tiny house on wheels, many councils still haven’t introduced clear regulations. One of the biggest issues that many find is that rules vary, not only between states, but between local councils in the same state, which leaves many feeling overwhelmed when trying to figure out whether they can live in a tiny home.
At the basic level, tiny homes really are just small houses, but there are two types – those built on a foundation or those built on wheels that can be moved around. For buyers looking for a tiny home on a foundation, it is generally treated much the same as any other home, requiring normal council approval and applications.
There’s no denying that these approvals and applications can take a significant amount of time and money to get through, which is why tiny houses on wheels became so popular. Because these homes are built on a trailer, it is possible to overcome any legislative hurdles that come with fixed dwellings – because they are no longer considered a building.
On the other hand, because they have wheels, many councils do consider these homes to be caravans, which come with their own rules and regulations, particularly about where you can park them and for how long they can be parked in the one location while being lived in.
No Matter the State – Size Matters
Like many other things, it would be good to have consistent regulations for tiny houses around the country, but of course it isn’t that simple. What does stay consistent is that size matters, no matter what state you are in.
While this has less to do with building regulations, it is an important area to understand. Even if you plan on moving your home once, there are strict size requirements. Across the country, your tiny home must be under 2.5m wide, 4.3m high and 12.5m long. There is a requirement that they also not weigh more than 4.5 tonnes – anything over this and you will need an oversized load permit. These can be costly and difficult to obtain, particularly if you are moving your home through an area that requires pilot vehicles to be in attendance.
When going through the planning stages of your tiny home build, if you are planning on moving your home, it is important to discuss this with our design team. We can then ensure that your home is designed to the best size requirements to both meet your needs and meet the regulations to move the home.
State and Council Regulations
Even though we are based in Perth, we often deal with tiny home buyers across the country, so we feel that it is important to have an idea of regulations that our buyers may need to be across. While regulations that are federal and state based are easier to understand, once we get into specific council areas, they can differ dramatically and become much harder to understand.
As mentioned above, tiny houses on wheels are often put into the same class as caravans which is why they don’t often require building permits. They do however have limits on how long you can live in them on private land. In Western Australia as an example, on private land with the owners approval, you can stay for up to three nights. For longer periods than that, you will need council or state government approval.
Of course, you can take up residence in a caravan park which may give you a longer time to stay, but fees can be excessive, which often leads to people avoiding this situation if possible.
It is heartening to see that some councils across the country are starting to put regulations into place around tiny homes.
Let’s explore what some councils are offering.
In the Shire of Esperance here in WA, the council has developed a local planning policy around circumstances, requirements, and standards for those wanting to live in tiny homes. For those looking at a tiny home built on a foundation, there is only the requirement for planning approval (no building permit required) which makes the process quicker and easier.
In New South Wales, if your tiny home is considered a caravan, you may be able to live in it as a primary home if it is occupied in connection with the owner’s dwelling, and only by the landowner or members of their family. Only one caravan is allowed on the property, and it must be maintained to ensure safe and healthy living conditions.
On the Gold Coast in Queensland, it may be possible to live in your tiny home on wheels permanently, but you will require either a building approval or camping area licence as well as plumbing approval. If the tiny home has their own bathroom, laundry, and kitchen, you will need to check in with the council on planning issues surrounding secondary dwelling and dual occupancy use.
While it may seem like many councils don’t have clear regulations, many of our past clients have found that by speaking to their council directly, they are accepting of tiny homes. We do recommend contacting the council directly in your desired location to check on any requirements around living in your tiny home on wheels permanently.
Are You Ready to Embrace the Tiny Home Lifestyle?
While local regulations and restrictions can be difficult to navigate depending on the council area you wish to live in, there are still plenty of options for living the tiny home lifestyle.
It is important to be proactive when it comes to being and staying informed. Councils are often slow to react to housing movements, but as it grows further, we expect that more councils will change their zoning and regulations.
If you aren’t quite yet ready to go through planning and building approvals for living in a tiny home on wheels, but still want to embrace the movement, talk to our experienced team about building a tiny home that sits on foundations. You’ll still get to benefit the lifestyle, without any stress.