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How to Manage Council Regulations Around Tiny Houses

Council Regulations Around Tiny Houses

In this Blog, we’re revisiting one of the fundamental questions around Tiny House living – how to manage council regulations? Whether you’re new to the ATH Community or wanting an update on how the Tiny House movement is developing, the information we’ve collected for you below will help you feel confident to go Tiny.

Finding a place to park your Tiny House

Wondering where to park is a major concern that’s in the way of some families moving to Tiny House living. It involves finding secure access to land. Many Tiny House owners and Tiny Holiday Accomodations are flying under the radar – they are neither legal nor illegal. And that’s because most councils simply haven’t caught up yet!

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We all want a home that’s safe and secure. It’s understandable that councils might require soil checks, have building compliance codes and standards for hygienic elimination of waste. Councils aim to keep their community members safe but it can seem unnecessarily complicated figuring your way through the process of building a home and getting council to accept your plans.

The rubbish bin run and a letter box are some of the perks of paying council rates. There needs to be a new and realistic rates category for Tiny Homes. The Housing Industry Association’s Kristin Brookfield wants to see planning codes and laws updated. She said planning codes and laws were between 40 to 50 years old! “They certainly get changed over time but they’re still created around this position that you will build a house that pretty much looks like every other house in the street,” she said. “The councils control the planning system along with the state governments, and I think there needs to be more flexibility.” Ms Brookfield said the HIA was researching what the regulatory barriers were for building Tiny Homes and prefabricated homes. “Hopefully in the next 12 months we can deliver a report back to government which can highlight where reform can happen,” she said. 

Check out this community data-base to find an agreeable council where you can park your Tiny House.

Talking with your local council

Elle Paton from tiny.org.au lives full time in her Tiny House with Melbourne’s St Kilda Council approval and suggests working with council around Tiny Homes is “not for the faint hearted”! She recommends being persistent yet open and ready to give the council the information they need to understand what you’re wanting to do. Plan for now and your future by anticipating what you think you’ll need and what you imagine the council will ask for. Elle said “A No is not an end point.”. 

A smart move is to align with strategic initiatives of your local council and partner with organisations in the area. Find unused railroad or TAFE college land and approach them with a community housing or garden project. 

Most of our clients live on land rented from friends or family in a regional setting. Success stories range and in 2018 a Sydney couple won at Camden Council, which claimed the Tiny House parked in the driveway had to be towed away. However, the NSW Land and Environment Court noted the cabin-like features were on a wheeled trailer and so it was considered a ‘caravan’. In 2016, the QLD Building and Development Dispute Resolution Committee determined Tiny Houses on Wheels (THOWs) are classified as ‘caravans’. This understanding is becoming more widely accepted but how does it help?

Some local leaders are starting to see how amending laws can help the housing crisis and homelessness in their region. However, it is challenging to work with the council. There will be hoops to jump through. Educate them and help them to help you. 

The Mayor of Colac-Otway, Victoria, said Tiny Homes could solve the housing crisis in that area if she could get state government financial and staff support that are required to change regulations around this complex issue. It involves taxes, a revised rates category for Tiny Houses and population needs for Tiny House villages or relaxed planning schemes. 

A granny flat on stumps is typically considered a temporary dwelling which requires a Development Approval and compliance to building codes. Regulations stipulate a building’s size, such as a shed, and what is considered a dwelling. A ‘caravan’ can only be slept in for a limited number of nights, as determined by state regulations. Regulations appear difficult and they are! To avoid dealing with them, many Tiny House owners and Airbnb hosts are staying under the radar.

Mount Alexander Shire in Victoria showing progressive thinking. Source: tiny.org.au

Positive social impacts from Tiny Houses are:

  • Multi-generational living
  • An innovative solution to the housing market crisis
  • Mobile emergency housing option

See Launch Housing for another innovative organisation working with unused council land and private investors. Aussie Tiny Houses are currently building homes for homeless kids in collaboration with YouTurn Youth Support’s Big Hearts for Tiny Homes campaign. Children are Australia’s biggest homeless group and helping them is a big part of our mission.

According to The New Daily, “Governments already embraced the tiny house movement somewhat following the 2020 Black Summer bushfire emergency, allowing victims of the Gippsland, NSW south coast and Kangaroo Island fires to live in tiny houses. In NSW, local law now states bushfire victims can stay in a “moveable dwelling” for up to two years.”

Off grid Tiny Houses

One of the ways Tiny Houses are gentle on the environment is that they’re built off site and nestled on the land without the need to remove trees. Depending on the land, a concrete pad or small footings are required to support the trailer. We provide instructions and support on how to park your home ready for delivery. 

Tiny House Off The Grid

Tiny House off-grid options are sustainable and reduce waste. You can go partly off grid or completely off grid – from low utility bills to no utility bills! Collecting rainwater in a tank is acceptable by most local councils in Australia and solar power systems are well understood. However, composting toilets are less familiar. You may need to submit black and grey water management plans before the council will push your application through. 

Black sewerage waste and grey washing water systems sit under the trailer, outside of the Tiny House. Compost can be dug back into the earth and grey water filtered through a grease trap and gravel pit before being redirected to water the garden. This is where a community or vegetable garden closes the loop on sustainability and eliminates the impact of harmful chemicals. Note, community gardens may not permit black water use. 

At Aussie Tiny Houses we go one step further in being an eco-friendly option by supporting our team. They work in a healthy workshop environment out of extreme weather conditions and use low footprint tools and equipment. This is all information your local council might like to hear and we hope we’ve helped your Tiny House journey get the action you want to see.

Dig into the research and you’ll find some people building their own Tiny House but this decision brings its own complications. If you like the idea of a safety compliant home that’s built to last, choose your favourite Aussie Tiny House model then speak to one of our design consultants to create the perfect home for your needs.

Tiny House living offers many personal benefits. A simpler life with less clutter can bring financial freedom and a healthier lifestyle. To begin your Tiny House dream, decide whether you want to directly or indirectly manage your local council regulations around Tiny Houses. Does a collaborative land project light you up? Are you keen to clear your way through the legislation and park securely in an open agreement? Or is nestling amongst the trees on a privately rented corner block your dream place? 

If you have any tips for managing local council regulations around Tiny House living in your area, comment below we’d love to hear from you.

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