Additionally, Australia has its own Australian Tiny House Association that has developed a Tiny House Construction Trial Guide (Read the PDF here) navigating the tiny life in Oz. It’s important to note that tiny houses on foundation and tiny homes on wheels are placed in different categories in Australia, which I’ll explain more about below. Each of Australia’s six territories and two states also have leeway within their individual jurisdictions.
When it comes to tiny homes built on permanent foundation in Australia, homeowners should refer to the Building Code of Australia. Within the building codes, the NCC provides a consistent set of requirements and standards that any permanent dwelling must adhere to, which includes all tiny houses on foundation in Australia.
There are some facets of this building code that are challenging for tiny houses to address, particularly: sleeping lofts, stair access to lofts, minimum ceiling heights in sleeping lofts, minimum ceiling heights in bathrooms and kitchens, balustrading, and laundry washing facilities. Tiny house enthusiasts across Australia are working to contest these obstacles within the National Building Code.
It’s important to note that using the BCA building code assumes that the tiny house will obtain a building permit for its particular building class, however the tiny house building companies and private builders could still use the BCA for construction guidance, without applying for a building permit explicitly. More information on this can be found in this Understanding The NCC document (Read the PDF Here).
Additionally, all tiny houses on foundation should adhere to the Plumbing Code of Australia, being Volume Three (given effect through the Plumbing and Drainage Act 2011) (Read the PDF here).
In Australia, tiny houses on wheels fall under a different classification than tiny houses on foundation do. Tiny houses on wheels are not currently required to be built to the standards of the Building Code of Australia.
Different from tiny houses on foundation, tiny houses on wheels are classified as “caravans” by local governments in Australia, and must follow the road laws and building codes set forth for RVs and caravans from the Department of Infrastructure, Transport, and Regional Development, which includes the maximum legal dimensions of a tiny house on wheels in Australia.
Maximum Dimensions For THOW In Australia:
Due to their mobile nature, it is common for tiny homes on wheels to be faced with local law restrictions on the period of time a person can live in a caravan or recreational vehicle full time. The duration of this restriction or how heavily it is monitored will depend on the territory, state, or city you are living in. It is fairly common for local municipalities to restrict full-time caravanning to restrict occupation to only 30 or 60 days in a single location.
Another obstacle for tiny housers in Australia is obtaining building permits for tiny homes on wheels. A building permit is required for a tiny house on wheels to prevent the homeowner from running into any issues with the law. However, it gets tricky if the tiny house in moved from site to site.
When a tiny house is moved across various cities, territories, or campsites, a new building permit is required at each new site. However, in some states that are more accommodating to the tiny house lifestyle, there may be a chance for partial compliance provisions of the regulations, making it easier to live full time in a tiny house on wheels.
Australia is made up of six states and two territories, each with the ability to regulate building laws in their own way. Knowing the building laws in your specific state will help you identify the regulations on a tiny house where you live.
Some of the states and territories use the NCC’s Building Code Of Australia, while others have come up with their own state building code independently of Australia’s national code. Some states have created a hybrid form of their own building code and the BCA.
Australian States That Use The BCA:
Australian States That Do NOT Use The BCA:
New South Wales is a southeastern Australian state, known for its beautiful coastal cities and lush national parks. Like several other states across the continent, New South Wales uses the National Construction Code and the Building Code of Australia. All residents of New South Wales should use these standards when building their own tiny houses on foundation in the state.
As far as tiny homes on wheels are concerned, THOWs are considered caravans by New South Wales legislation. The law permits each resident to have no more than two caravans, campervans, or tents if you plan for someone to stay in them short term (up to 48 hours at a time) for no more than 60 days a year. This applies to tiny houses on wheels.
New South Wales has also made some changes to become more friendly to tiny homes on wheels. In April of 2020, New South Wales legislation made an adjustment to their caravan laws. Previously, caravanners were required to live in caravan parks with their tiny houses on wheels.
However, with the legislative alterations, caravans can now be used elsewhere, as is outlined in Clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021. Additionally, clause B allows caravans to be used in connection with a dwelling for a family member to stay in long term, like a Granny Flat or ADU, while clause D allows residents to use a caravan accommodating a person who has been displaced for up to two years.
Queensland, Australia, the country’s most northeastern state, is most famous for being offshore to the gorgeous Great Barrier Reef. Tourism in Queensland has grown substantially over the last decade, and the tiny house movement has grown with it. The state of Queensland is governed by the Department of Communities, Housing and Digital Economy.
Queensland has its own Queensland Development Code which consolidates Queensland-specific building standards into a single document and merges Queensland’s individual laws with the general building laws from the Building Code of Australia. While Queensland does not have a specific tiny house centric clause in their development code, tiny homeowners should defer to the regulations for single family dwellings that the code outlines.
Tiny homes on wheels in Queensland fall under the local laws section and are regulated at the council level because they are not fixed structures. As a typical rule of thumb in Queensland, someone can live in a tiny house on wheels or caravan for up to four weeks at a time in one calendar year without requiring any permits. Anything beyond this time constraint typically requires a ‘Healthy Places – temporary accommodation application’ to be filled out and approved.
There are 77 local council areas in Queensland which each have their own ability to regulate caravan legalization. Two of Queensland’s primary councils have independent local laws regarding tiny homes on wheels. See Subordinate Local Law 1 Schedule 7 for Sunshine Coast Council and Subordinate Local Law 1 Schedule 9 for Noosa Shire Council.
The state of Victoria, Australia, is renowned for its breathtaking mountains, national parks, beach towns, and wineries. While the state has a growing tourism industry, it is actually one of the least regulated states in Australia when it comes to building laws. As the tiny house craze has grown in Victoria, the laws have not exactly grown with it.
Building laws in Victoria are regulated by the Victorian Building Authority (VBA), which is governed by the Building Act 1993. This act set out the framework for the regulation of building construction, building standards, and the maintenance of specific building safety features for single family and multifamily dwellings in Victoria.
However, due to limited enforcement in the state, tiny houses throughout Victoria have been built without receiving a building permit or formal approval. This doesn’t mean building without official approval is the recommended route. If you live in Victoria, contact your local city government to find out if your tiny house is permissible.
Tasmania is an island state of Australia, located directly south of the mainland. Australia’s smallest state is becoming an increasingly more popular tourist attraction, chock full of rich history and abundant natural phenomenon. Building laws in Tasmania are regulated by the Consumer, Building and Occupational Services Department.
Tasmania uses their own building regulations from the Parliament of Tasmania. The latest version of the building code was created in December of 2016 and amended in 2018. When building a tiny house in Tasmania, homeowners should follow all regulations and statutes set out in this set of building laws.
It’s also important to note that all tiny homes built in Tasmania are required to receive a permit from the council. In Tasmania, shipping container homes are categorized as ancillary dwellings, which means they are exempt from planning approval from the council. All other forms of tiny living will need approval.
Located in the south-central part of Australia, South Australia makes up some of the country’s most dry lands. The state’s building laws are regulated by South Australia’s Department of Infrastructure and Transport. The department uses the National Construction Code and the Building Code of Australia to regulate dwelling units. All residents of South Australia should use these standards when building their own tiny houses on foundation in the state.
It is also worth noting that South Australia has a specific law that prohibits tiny homes being used as backyard ADUs. It is illegal to build a granny flat for anyone who is not a dependent. It is also illegal to rent out a tiny home as a residential granny flat to anyone besides a dependent or member of your immediate or extended family.
Western Australia is Australia’s largest state, covering the entire western third of the country, and is what people are referring to when they mention “the Outback.” The building administrator in Western Australia is the Department of Mines, Industry Regulation and Safety, which uses several documents to regulate building and zoning laws.
Western Australia Building Codes Include:
When it comes to living in a tiny house in Western Australia, the 2011 Building Act shares many similarities with the Building Code of Australia, which can usually be deferred to when seeking wisdom in the construction of a tiny house.
Additionally, the Local Government Act requires local councils to administer the quality and safety of building work through the issue of a building permit. After approval but before any demolition, alteration, or construction work, an application must be submitted and a building license granted in order to build or alter any property.
To apply for a building permit, the person carrying out the work must first be a licensed building services contractor or a licensed owner builder under the Building Services (Registration) Act, with qualifications to ensure the work is carried out properly. This law includes tiny house build and design companies.
Australia’s smallest mainland territory, the Australian Capital Territory (ACT), houses Canberra, Australia’s capital. This Australian territory is one of the most unique and most strict when it comes to land ownership and building laws.
Housing and property development in ACT is regulated by the Planning and Development Act of 2007 and the Crown Leasehold system. Under this management system, all land is owned by the Commonwealth and leased to residents of ACT, meaning that all commercial, residential, rural and community title land is owned and leased out and managed by the government. “Land ownership” in this territory isn’t really “ownership,” but more of a leasing agreement.
What does this mean for those who want to own a tiny house in ACT? Under this leasing system, common conditions (with some exceptions) for residential land include requirements to build a dwelling, sometimes of a certain size or value, within a set period of time.
Each residential land agreement is set up with different conditions. Make sure to obtain a copy of the Crown Lease, as it will contain development conditions and construction timeframes. Additionally, be sure to check the Lease and Development Conditions Register. This will allow you to see building, lease, and development conditions. The Environment and Planning Directorate must approve these conditions before making changes or building on the land.
The least inhabited territory in the Down Under, Australia’s Northern Territory, is mostly made up of farmland and Outback desert landscapes. Building and property laws in the Northern Territory are governed by the Department of Infrastructure, Planning, and Logistics.
Australia’s Northern Territory has its own Northern Territory of Australia Building Code, established in 1993 and updated in January of 2022. Their code is a modified version of the Building Code of Australia from the NCC.
Independent cities and regional districts in Australia have the freedom to override the more centralized regulations on tiny homes. Several Australian cities and districts have actually created their own legal guide to navigating the tiny life within their city limits.
Coffs Harbour, New South Wales, is a very tiny house-friendly city. The Coffs Harbour City Council has created its own Coffs Harbour Tiny Houses Guide (Read the PDF here) to help residents understand exactly what is and isn’t legal. Both tiny homes on foundation and tiny houses on wheels are legal in Coffs Harbour.
A Tiny House in Coffs Harbour Can Be:
Laws For Tiny Homes On Foundation In Coffs Harbour, Australia
Tiny homes on foundation are legal in Coffs Harbour. Permanent tiny homes can be built in various situations, such as granny flats where an existing primary dwelling house exists on a site, as a group of tiny homes in a tiny house community, or in caravan parks and camping grounds. All are legal.
The council’s local planning documents to inform new development are Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015. Although tiny homes are not a conventional form of housing, most zoning and site design controls still apply to this type of dwelling throughout the city.
Laws For Tiny Houses On Wheels In Coffs Harbour, Australia
In Coffs Harbour, tiny houses on wheels should be registered as an RMS as a trailer where development approval from the council is not required. Exceptions are made in some circumstances, and the proposed location of the tiny home is a determining factor.
New South Wales legislation provides that a tiny home is permitted in areas elsewhere than in caravan parks or camping grounds where:
Where these requirements cannot be met, a mobile tiny home is most suited to an existing caravan park or camping grounds.
Scenic Rim is a popular destination for those who want to bask in Australia’s natural beauty, which is why tiny house culture is becoming more and more popular in this region of Queensland. The Scenic Rim Region of south east Queensland also has its own Scenic Rim Tiny House Guide. Consult this guide to see exactly what’s legal in Scenic Rim.
In Scenic Rim, tiny houses are defined as:
It’s also important to note that Scenic Rim has a specific policy regarding accessory dwelling units. Where a tiny house is proposed in addition to an existing dwelling house on the same property, it is referred to as a secondary dwelling under the Scenic Rim Planning Scheme 2020.
The requirements for secondary dwellings are outlined in the information sheet on dwelling houses and secondary dwellings. A secondary dwelling means a dwelling, whether attached or detached, that is used in conjunction with, and subordinate to, a dwelling house on the same lot. Examples of a secondary dwelling include a granny flat or teenager’s retreat.
In Lockyer Valley, Queensland, the acting council has specific regulations surrounding different kinds of tiny homes. Use this chart to understand what is allowed in Lockyer Valley.
Intended use of tiny house: Is approval required? A Tiny House:Overall, Australia has a lot to offer tiny house enthusiasts. From accommodating tiny house regulations to a myriad of tiny house builders and several tiny living communities, it’s pretty easy to live tiny in Oz. I’m looking forward to the next time I’m able to visit Australia and take in everything it has to offer, especially in regards to the tiny life.
Want more information on australia expandable homes? Click the link below to contact us.