Tiny Houses

TINY HOUSE PROJECT

Summary

TGG consider Tiny Houses could be a partial solution to the current housing crisis is Council were to follow the lead of other areas in Australia in allowing Tiny Houses to be used as permanent dwellings. As there is no legislation to cover these, they are classed as caravans and therefore subject to restrictions on the use and length of occupancy.

Definition

The definition of a Tiny House On Wheels (THOW) is a tiny dwelling of no more than 50m2 which is built on a wheeled trailer base. It is constructed of domestic grade materials and finishes. It cannot (and is designed not to) be moved under its own power and is designed and built to look like a conventional dwelling.

A THOW is built to last using traditional building techniques and materials and is aesthetically similar in character to a traditional home. Due to the small size, innovative designs can be used such as vertical space optimisation, dual purpose features and multifunctional furniture.

As a THOW is not built on a fixed foundation, it is not a ‘building’ for the purposes of current state and territory laws or the National Construction Code (NCC). A THOW is likewise not recognised in National Vehicle Regulations (as are caravans, campers etc), but they can be built on trailers that comply with Vehicle Standards Bulletin 1 (VSB1).

A THOW can be bought from a choice of manufacturers in Australia and the cost comparable to a campervan or caravan. The difference between a THOW and a caravan is in the construction. THOWs are built to comply with the Building Codes applicable to a house but they are of a size that can be moved legally on a suitable trailer to another location.

Current Legislation

This form of housing has never been seriously contemplated in Australia so no planning provision exists.

The Tiny House movement has been growing rapidly in other parts of the world. In the UK, it is legal to live in a Tiny House permanently and building laws have been adjusted to accommodate this. The Nordic countries, especially Iceland, have had Tiny Houses longer than in the US but they have not featured in the media in the way those of the US have. In Germany there are Tiny House communities which date back to 2017.

At present, the current legislation in NSW does not recognise Tiny Houses/THOWs as separate from caravans and other moveable dwellings mentioned earlier. Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 (due to be repealed 1.9.2025) only allows for short term stays in any 12 month period, not permanent dwelling, unless it is classed as a ‘Granny Flat’. The only exception is a moveable dwelling to accommodate a person displaced as a result of a natural disaster but this must be removed 2 years after installation. Also section 133 states ‘A relocatable home must only be installed in a caravan park on a dwelling site’. A private landowner can only legally park 1 relocatable home on his/her land.

Councils in Australia

There are currently 3 other Australian Councils who have made provision for permanent residence in THOWs. These are Esperance Shire Council in W.A., Surf Coast Shire Council near Geelong who have agreed to a 2 year trial through specially developed Local Law and most recently, Mount Alexander Shire Council in Victoria (

Examples of Compliance requirements - suggested by the Australian Tiny Homes Association (ATHA)

• Appropriate screening shall be provided should the proposed site have a reduced setback or be viewable from a public area to the satisfaction of the Council. The proposed site would not result in the excessive removal of significant trees or established vegetation. The proposal should not detract from rural amenity or existing views of significance and where there is an existing dwelling, the THOW should be located behind the building setback.
  
  External fixtures such as aerials, satellite dishes should be situated so they are not visually obtrusive and should be located out of view from the primary street or public area.
  
  The THOW must not be located within the riparian zone of a waterway, within a floodplain or in a flood prone area.
  
  The THOW would have connection to an appropriate effluent disposal system to the satisfaction of the Environmental Health Services. Composting toilets are ideal in this situation. They are under negative pressure and suck air down through the toilet so there is no smell.
  
  The THOW would also have a source of energy such as off grid solar, potentially with a backup battery. There must be access to potable water either direct from a tap or filtered rainwater from a tank.
  
  The THOW would be subject to the same legislation and policy as a habitable fixed dwelling with regard to Bushfire assessment.
  
  

The Target group

Examples of likely THOW owners are:

- people who have an income so they would probably qualify for a loan, but who do not want all their earnings to be used up paying rent. It would give people a sense of belonging, not transient from rental to rental; also a feeling of pride in ownership. It is not possible to save up a deposit on a conventional house if most of one’s earnings go in rent.

- single people who may have separated and lost their home in settlement

- young couples who want a home of their own

- older people who need to downsize .

According to the ABS in 2011, 1 in 7 of all homeless people were aged over 55. There is a significant lack of suitable, affordable housing for this group. In other parts of the world, people in Tiny Homes tend to have an appreciation of the natural environment and a strong connection to the natural world. This minimalist living style often appeals to artists.

A Tiny House ….

- can be purchased for less than $100,000, much cheaper than a fixed conventional dwelling. The household debt-to-income ratio has increased significantly, and renting is often the only alternative.

- there would not be the purchase of land to consider as the home would be on the land belonging to the private landowner.

- has a smaller ecological footprint because of its size – reduced heating/cooling costs and maintenance. Off grid using solar/ battery, grey water treatment and composting toilets

- enables simplification of lifestyle

- looks like a conventional dwelling, rather than a caravan, therefore not seen as an ‘eyesore’.

The Australian Tiny House Association https://tinyhouse.org.au have prepared a draft Local Law which they can offer to the Council for consideration.