What changed recently
| When | What | What it means for tiny homes |
|---|---|---|
| April 2024 | New R-Codes Volume 1 took effect | Granny flats no longer need a 350 m² lot, so a fixed tiny home can be a granny flat on smaller and strata lots |
| August 2024 | State fact sheet on temporary accommodation published (last updated June 2026) | Sets out the 5 night and 24 month rules for living in a tiny home on wheels on private land |
| December 2024 | State fact sheet on tiny houses published | Explains when a tiny home is a caravan and when it's a building |
Tiny homes on wheels
If your tiny home is a genuine vehicle (built to be towed, not just able to be moved), the law treats it as a caravan. It doesn't need a building permit, and usually doesn't need planning approval. But where you can live in it is limited:
- Up to 5 nights with the property owner's approval
- Up to 24 months with approval from the owner and your council
- After 24 months, you have to apply again
Council can set conditions, such as having power, water, sewage and cooking facilities. If council says no, or cancels an approval, you can ask the Minister for Local Government, and council can't revoke a Minister's approval.
Living in a caravan permanently outside a caravan park still isn't allowed.
Fixed tiny homes
Take the wheels off and it's a building. A tiny home can't be both. As a building it needs a building permit and has to meet the National Construction Code. On a residential lot it's usually treated as a single house or a granny flat (up to 70 m²). It can skip planning approval if it meets all the standard R-Codes rules.
The state says the building code has no minimum room sizes, and a home as small as about 20 m² could comply if it's carefully designed. A registered building surveyor has to sign off that the design complies before a permit is issued.
What hasn't changed
The state's fact sheet notes people have asked for tiny homes on wheels to be approved for permanent living outside caravan parks, and for some building code rules (like loft bedrooms and ladders) to be relaxed. It says the current rules can't accommodate those requests. We'll update this page if that changes.