If you are a COUNCIL, MP, GOVERNMENT OFFICIAL....
Click below and see a set of questions and answers that explain why your council is NOT tiny friendly... and could be!
SOME BASICS
VACANT LAND
CARAVAN OR CERTIFIED BUILDING?
CARAVAN OR CERTIFIED BUILDING?
Please keep in mind, that if you are trying to get a tiny home on your own vacant land, you are in need of a PRIMARY DWELLING approval... it is different to a Secondary Dwelling.
Council, rightly so, are often uninterested in people trying to bypass the rules that all the other houses in the area had to abide by, simply because the house
Please keep in mind, that if you are trying to get a tiny home on your own vacant land, you are in need of a PRIMARY DWELLING approval... it is different to a Secondary Dwelling.
Council, rightly so, are often uninterested in people trying to bypass the rules that all the other houses in the area had to abide by, simply because the house is 'small'.
The only alternative here is to abide by the normal DAs, or request "Temporary use".
The issue that council should look into, is that to have a tiny house on a vacant block as a primary dwelling - the council need to revisit some aspects of their DA applications, so not to exclude tiny houses completely.
Majority of Tiny Houses can not meet NCC and this is a constant battle with councils and legislators to get them to acknowledge that a house under 50sqm, should be exempt from SOME of the code.
For this reason many people go for a Modular builder which can be built to code (more expensive) - however, you can then have a tiny house as a secondary dwelling and rent one to counter the additional costs.
CARAVAN OR CERTIFIED BUILDING?
CARAVAN OR CERTIFIED BUILDING?
CARAVAN OR CERTIFIED BUILDING?
TINY HOUSES ON WHEELS ARE A CARAVAN
Remember that a tiny home on wheels is a CARAVAN and may be built to Caravan Code, not the National Building Code, therefore building codes may not apply.
For the same reason, a council can not impose same laws on a Caravan that they can on a "Building". Unfortunately, this also triggers a response fr
TINY HOUSES ON WHEELS ARE A CARAVAN
Remember that a tiny home on wheels is a CARAVAN and may be built to Caravan Code, not the National Building Code, therefore building codes may not apply.
For the same reason, a council can not impose same laws on a Caravan that they can on a "Building". Unfortunately, this also triggers a response from council that you can only LIVE in one for a limited amount of time (catch 22).
If your Council allows a secondary dwelling to LIVE in for a CERTIFIED building, you CAN get a tiny house certified (it will need a footings plan, upstair lofts will be 'Storage only loft for height reasons', the frame must be engineer certified, so get the certifier BEFORE the cladding goes on if you can).
Ultimately, talk to your builder if it is important for you to go through council and not be a "caravan" for the purposes of rules and regulations.
A TINY HOUSE VILLAGE
CARAVAN OR CERTIFIED BUILDING?
A TINY HOUSE VILLAGE
VILLAGES: Includes any set up where there are more than 1 tiny house. These are complex. At present most councils will look at a tiny home village as either;
A Caravan Park (which entails applying for a caravan park licence, taking several years, considerable expense, and very often objected to by the surrounding neighbourhood ;
OR buyi
VILLAGES: Includes any set up where there are more than 1 tiny house. These are complex. At present most councils will look at a tiny home village as either;
A Caravan Park (which entails applying for a caravan park licence, taking several years, considerable expense, and very often objected to by the surrounding neighbourhood ;
OR buying a caravan park that is already operating, with a licence in place ... again not a small investment.
If a caravan park is bought for $5million, how is the investor to realise the ROI, charging small, affordable amounts of rent/lease?
Hence the lack of AFFORDABLE SOLUTIONS.
Some councils have, on their own assets register, under-used caravan parks. Finding out more about what the Council already own, and what permits are in place, can be useful if looking to set up a village, done as a collaborative project WITH the council.
Alternatively, finding a well-funded charity that can purchase the land/caravan park may be a way forward..
CO -COMMUNITY - there are example where people have collectively bought land (Through a PTY LTD company and issued shares... sharing the land as a community - each having rights through their shares, which they can also sell if they wish to move. Works perfectly well... the only catch being that having the multiple homes on the property could trigger Council to issue show cause for "running a caravan park".
MEANWHILE - off the radar, there are many co-communities that are living the dream, but because they are off the radar, it is difficult to find them with ease. Get involved on community facebook groups and seek them out (they will PM you).
Legal stuff that is handy to read
MOUNT ALEXANDER SHIRE VIC
Council need only COPY AND PASTE this legislation, for a quick and easy solution for Tiny Homes. Simple, easy
- WELL DONE Mt Alexander Shire
SHIRE OF ESPERANCE WA
This is the UNICORN of legislation - Esperance went above and beyond and this would be the ultimate goal to achieve in any council LGA - at the bottom of this linked page, there is a link to the actual legislation .
BRISBANE COUPLE WIN COURT CASE
COURT OF APPEAL: "the THOW does not constitute building works as defined under the BA and accordingly the Enforcement Notice issued by the Council should be set aside"
NSW Land & Environment Court ruling
COURT OUTCOME: The order issued for the removal of the mobile structure from the premises... is revoked.
As tiny house on wheels is a Caravan
ADELAIDE
Councils behaving in a BULLYING MANNER.
A 'dosier' of councils in SA "behaving badly" is being kept.
Apparently, as I have in writing from one council employee, people applying for tiny houses are "the BANE of their life!" Not very helpful.
Meanwhile - phone a private town planner to deal with council if you are planning on getting permissions in place.
FEBRUARY 2025 UPDATE - see letter further down this page
STUDY - Backyard Living
This study has been used extensively in Tiny House advocacy. The authors, Kylie Bickle, and ESC consultants, based in Brisbane, have been at the forefront of Tiny House legislation and an incredible resource for the Tiny House Community.
VIC - The Housing Statement
VIC - The Housing Statement
VIC - The Housing Statement
Dan Andrews passed legislation for Victorians to fast-track and bypass council planning applications. As a result, a tiny house, (smaller than 60sqm) does NOT require council planning applications. It does however, require a building certification.
The BUILDING ACT (qld)
VIC - The Housing Statement
VIC - The Housing Statement
The QLD Building Act
The Building Act (VIC)
VIC - The Housing Statement
SUNSHINE COAST - Advocacy Group "REGEN"
The Vic Building act
SUNSHINE COAST - Advocacy Group "REGEN"
WEBSITE (currently Victoria + QLD) collating Council Information
SUNSHINE COAST - Advocacy Group "REGEN"
Join REGEN (a Sunshine Coast advocacy group for Tiny Houses, with many resources and government petitions/letters etc that can be helpful for all QLD areas.) This group is particularly focussed on allowing more than one tiny house on larger properties.
FRASER COAST- refer to Tiny Houses as "Temporary Dwellings"
WEBSITE (currently Victoria + QLD) collating Council Information
WEBSITE (currently Victoria + QLD) collating Council Information
This is very typical of councils - the thought that people would invest $100k+ into a tiny house to stay in temporarily, while building a mcMansion, is very elitist! There have been much advocacy aimed towards Fraser Coast. They could easily adopt similar strategy as MOUNT ALEXANDER VIC, for example.
WEBSITE (currently Victoria + QLD) collating Council Information
WEBSITE (currently Victoria + QLD) collating Council Information
WEBSITE (currently Victoria + QLD) collating Council Information
New website is showing dropdown bars for each Vic Council (not entirely certain how quickly this information will be updated when changes happen) - keep an eye on this as it could be a straight-forward way to get information on planning in your Council Area.
Legal stuff that is handy to read
SHOW CAUSE - Council
If you have a problem with a Council - it will come to you as a SHOW CAUSE NOTICE. Be aware that a SHOW CAUSE notice, is simply a council stating that you "MAY" be breaching a rule - or might NOT BE....
This is a great opportunity to request written legislation, policy, backed up with evidence FROM THEM.... (ie: not simple fact sheets, or words 'made up' - but specific legislation).
Read here an example of what SHOW CAUSE means... https://www.ipswich.qld.gov.au/live/issues-and-laws/laws-and-permits-for-residents/show-cause-and-enforcement-notices
in short - it is your chance to have your say and help them decide if it needs to go further... it is NOT an enforcement order. It is just a threat that there could be one, and they may be open to being educated!
In most instances (depending on your particular set up) - a reply to a Show Cause could simply be: 'Thank you; as the item you have referenced in the show cause notice is a Caravan (Vin number:..... ) I am of the understanding that the building codes/regulations you specify are not relevant. Please note, the caravan is not being lived in permanently, only temporarily. Thank you "
SURF COAST SHIRE POLICY
VICTORIA: Again, a great example on how a council can change rules to meet the needs of people struggling to house themselves. Launched as a Pilot - this policy change was headed by the ATHA
SHELLHARBOUR NSW POLICY
QLD - "It is state government decision" - No, it is local council decision
A new pilot for NSW Shellharbour region was instigated in May 2024, just as NSW as a state began to make moves AGAINST tiny houses (through a crafty amendment to the caravan and moveable dwellings plan - which has been strongly fought against by the tiny house community). We will update on these amendments when there is further news (still in consultation at the moment)
QLD - "It is state government decision" - No, it is local council decision
QLD - "It is state government decision" - No, it is local council decision
In a news article on Channel 7 News Sunshine Coast , Mayor Rosanna Natoli states emphatically that she loves the idea of tiny houses, but local council hands are tied by State Government.
State Premier (and formally the Minister for State Development, Infrastructure, Local Government and Planning) - Steven Miles, has written a letter stating emphatically that his hands are tied because it is a local government decision and he can not enforce the local council.
BOTH have been written to to ask which one is correct.... we are still waiting on a reply
UPDATE: June 2024:- meeting with Sunshine Coast Council states that LEGAL ADVICE has had to be sought because of the lack of clarity in this issue.
UPDATE : August 2024: Letter from State planning received, saying that local council can implement changes - AND they are including Tiny houses in their new affordable housing Qld initiatives.
You can Live in a tiny house - IF you are a squatter!
SQUATTERS ALLOWED!
This is interesting: - a lady who had her house completely destroyed in the 2022 floods is told by council the can not put a tiny house on her land - nor can she live in a caravan on her land!
She moves into a friends house 3 hours away.
When she recently returned to her acreage property - a SQUATTER in a caravan had moved on to her land.
She requested council to help with removal… and NO! They can not help, she needs to go through court proceedings and her lawyer tells her it could take up to 5 years!
She requested police to assist, and they said NO! It is a civil matter.
So squatters have more rights than the home owner when it comes to putting a tiny house/caravan on their land - AND LIVING IN IT!
(The source and specific council of this information is being withheld from public view due to the employment position of the person (who works for government!)
Oh Dear YARRA Ranges Council!
JUNE 2024
Reports are filtering in that Yarra Shire Council have literally 'gone to the dark side' - and is possibly the ONLY council in Australia to do so.
Still waiting on actual written evidence on what is going on with a current eviction there - where someone has been asked to remove a tiny house off the land altogether! She is not living in it? (NOTE: you do not have remove a caravan off YOUR property without a solid reason to do so )
.
We feel the area could do with an advocate or two having a chat to discover what has happened here to go so 'wonky'!
UPDATE: It was over-reaction to a neighbour complaint. House is still there.
UPDATE: Yarra Council are under the impression that a "caravan" is no longer a vehicle and 'becomes' a dwelling if someone is "habituating" in it.
Firstly be aware that there is nothing in the Building Code of Australia that "changes the structure if it is 'lived in'. " Secondly, the definition if habituating is that it is lived in PERMANENTLY, and of course a tiny house is not permanently fixed to the ground and is therefore, legally, considered temporary.
SHOUT OUT TO PORT STEPHENS NSW
I googled. Easily found this short simple paragraph on the Port Stephens Website. They have addressed Tiny Houses without endless legislative jargon.
ALL DONE IN ONE PARAGRAPH!
Do I think the regulation is ideal, perfect and what the tiny home community want? Not really,
However, this is GREAT, SIMPLE & CLEAR!
How hard is it for a council to write these few words. TODAY. Some councils have been advocated at for years and require presentations 50 pages deep.
note: the 'member of the owners household' is very easy to overcome. Ask the Q+A's session for the answer to this.
PODCAST How a Tiny Home Policy was implemented in Mount Alexander Shire!
This is possibly the most helpful link for people that would like to change their local council policy.... Listen to how it was done - including a member of the council explaining what the hurdles were!
KUDOS to all involved, especially the pioneer of this campaign - Fred's Tiny Houses/Trailers.
BRISBANE CITY COUNCIL
Interesting that Brisbane City Council do not put on a limit of stay in a 'caravan' on your private property. Could it be that they lost a court case regarding this? Here is a Deep Dive into Brisbane City Council and why you CAN live in your tiny house there, by Jonathan Sriranganat
www.jonathansri.com/brisbanetinyhouserules/
WOOHOO - WA
State Government has over-ridden local council with a carte blanche 2 year Tiny House on wheels rule. This did follow (yet another) court case where the COUNCIL LOST
(I see a theme here!)
Councils are still welcome to do what ESPERANCE has done, or CAPEL/BODDINGTON/RAVENSTHORPE and take the 2 year limit to 5, 10, 100 years... but this is a WIN for advocacy and also a stark message to councils who issue "show causes" in a bid to stop people trying to live a peaceful life in their tiny home/ caravan.
**NEWS** TINY NCC
In September 2024, a Brisbane forum was held by the Construction Code Board to address builders' concerns with implementing some of the new codes - Accessibility and Energy Ratings.
Tiny Home Expo, along with a large number of local builders attended and handed a letter to the CEO, outlining concerns that these codes are in fact not possible to put in to a tiny house.
As a result, we were told that indeed, they did not write the codes with the tiny home industry on their radar, and are sympathetic to the fact that councils are insisting tiny houses meet these codes - putting the industry in a hugely disadvantaged position. They have agreed for a Tiny House Forum to nut out some details - including our request for certain size building to be omitted from some of the codes/standards.
This board has the power to relieve the necessity to reach some of these new codes - and could be a complete Game-Changer on many levels if they do agree to some of the requests we made.
Furthermore, the department kindly attended the Brisbane Expo during bump in, to inspect and get a thorough understanding on how they are built - it was a pleasure to get such dedication and focus from State Government - who are showing much enthusiasm in driving a solution forward. When compared to dealing with individual councils (whom we have to beg and drag to an expo) - it is clear that State initiatives towards the housing crisis are far more discerning and could be the answer we have been looking for.
Obviously any step forward we receive here in QLD, will be immediately tasked direct to all other states to follow suit.
The crucial meeting is in November 2024 postponed to FEBRUARY 2025
Postponed again due to political lead up to the vote..
Building Industry Leaders - mistaken by expandable container importers
As a result of a conversation with a HIA board member at the same meeting in September 2024, the Tiny Home Expo organiser was cornered by a Plumbing regulator on the non-compliant and 'terrible plumbing' of all tiny houses, and a barrage of accusations was purged, stemming from frustrations of compliance officers in this field.... ONLY TO REALISE 30 MINUTES IN, THEY ARE MEANING CHINESE IMPORTED EXPANDABLES.
This is not the first time "Tiny Houses" have been mistaken as Chinese Expandables. (Not helped by Chinese Importers mis-marketing themselves as Tiny Houses!)
These sub-par imports claiming "No council needed" on their websites have been the achilles heel to advocacy efforts on many occasions. Unfortunately, the expandable import businesses have no idea of the havoc caused to the industry.
As a result, conversations are being had with Industry Experts on separating TINY HOMES, from Chinese expandables, so the industry is not tarred with the same brush.
We can not claim that tiny house builders are building safe, compliant homes, if an expandable house is a representation of standards adhered to.
Expandables are a very cheap, possibly excellent temporary/disaster management solution - but we feel as an industry, we will never receive council approvals, compliance and 'dwelling' status for insurance and bank loans, while they are parading as 'tiny houses'. Simply removing 'Tiny Houses" from their business names and marketing, would mean everything to us who are advocating for acceptance from regulators.
Note: if you are considering buying one, we recommend joining this facebook group and reading ALL the comments first to understand the myriad of issues and additional costs that can be incurred.
https://www.facebook.com/groups/140270552413414
Legal stuff that is handy to read
SCONE NSW COUNCIL - Keep trying
Yarra Ranges Council Fight - Please support and SIGN PETITION
Yarra Ranges Council Fight - Please support and SIGN PETITION
NSW : Scone Council tried to fine and take Murrurundi man Mark Middleton to court over a car port and a studio in his back garden. Magistrate Kevin Hockey said he could see how the regulations could be confusing and dismissed the charge and fine. (link: https://www.981powerfm.com.au/local-news/council-turn-up-to-court-but-still-lose/)
SO, Scone have now threatened a whopping $1,000,000 fine on a Tiny Home (on wheels) Dweller, and additional $10k per day until they get their way! Citing that the 'caravan needs a DA' - However, you can see the NSW land and Environment Court's position on Caravans and DA's, in a previous case, which ends in the Judges remarks: I find that the structure is a caravan which is exempt from any requirement for approval under the LGA or the EPA. It is lawfully on the site and the Council’s order should be revoked. (link: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWLEC/2018/1159.html)
With any luck Scone Council will also lose this case, because the owners have engaged a lawyer.
Yarra Ranges Council Fight - Please support and SIGN PETITION
Yarra Ranges Council Fight - Please support and SIGN PETITION
Yarra Ranges Council Fight - Please support and SIGN PETITION
A petition has been launched to help EVRIN SEN who is battling this council.
Please sign and help fight (there are also instructions on how to contact this council to lodge your concerns regarding this eviction)
Update: this story really lays out the facts. Personally, I disagree that the caravan needs to be treated as a dwelling - Mount Alexander Shire didnt need to - nor did they need State to change any laws - it is in fact something Yarra Ranges Council can implement.
