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Tiny Homes are a popular way to minimise the urban footprint by living affordably, sustainably and communally.
With many options available, owners need to consider local and state planning legislation when considering this form of dwelling.
In our local region, a tiny home is either:
While both types of tiny homes are subject to local and state planning controls, the requirements depend on the type of tiny house and the zoning of the land where it’s located.
If the tiny home is considered a primary dwelling, it’s subject to the development consent and compliance with Building Code of Australia and Local Government Regulation building standard requirements. It’s best to consult with us if this is your intention.
Tiny house installation and use is subject to the approval and design requirements of both State Government and local Council planning controls.
Council’s primary planning documents for new dwelling-house developments are:
Additionally, there are two State Environmental Planning Policies and a Local Government regulation to consider:
Do I need development approval for my tiny home ?
Yes
Council requires a Development Application (or Complying Development Certificate, which can potentially be approved by a Private Certifier) and other related applications to assess and certify proposals for a permanently constructed or installed dwelling/manufactured home.
No
If the tiny home is capable of being registered with the Roads and Maritime Services as a trailer, no development approval is required to put it in your backyard or on your property (subject to meeting a number of certain exemptions).
Do I have to pay a development contribution?
Secondary dwellings under 60m2 are exempt except if the dwelling requires connection to town water.
Unless a property has no contributions credit.
Can I live in my tiny home , as a primary dwelling, on my otherwise vacant property?
Yes and No
Current legislation does not allow for tiny home s as primary dwellings as described in this fact sheet. This applies to rural and residential zoning. However, subject to certain approvals and compliance a tiny home may be considered a primary dwelling. Please talk to Council if this is your intention. *
*See Tiny home as a Primary Dwelling note above.
Can I, or a member of my family, live in my tiny home on my property, which has an approved, existing dwelling (home )?
You can have no more than one caravan, campervan or tent if you plan to have someone that is a member of your home live in it on long-term basis, only when you have an approved existing dwelling/home already on the lot. You must maintain your tiny home in a safe and healthy condition for human habitation as a moveable dwelling.
Can I have more than one tiny home on my property?
Potentially
NSW Legislation may permit you to have no more than two caravans, campervans or tents if you plan for someone to stay in them for a short term (up to 48 hours at a time) for no more than 60 days per year. Make sure you speak to one of Council’s Duty Planners if this is your intention (contact details listed).
Can I holiday let or rent out my tiny home ?
The secondary dwelling can be rented out as a form of affordable rental housing (> 3 months at a time).
Holiday letting requires development consent from Council.
The installation is for habitation by the owner or by members of the owner’s household only.
Can I connect my tiny home to town water, power and sewer?
Plumbing for water supply or wastewater disposal will require approval from Council under Section 68 of the Local Government Act 1993 (fixed water and sewer connection points will be required). Contributions may apply particularly if a second water meter is required.
If a town sewer connection is not available, a separate approval for an on-site sewerage management system is required.
Moveable homes, like caravans and tiny homes may need approval before you install or modify the structure. Learn more about the steps you need to take gain approval.