Tiny homes
Tiny homes are becoming a popular form of living. A tiny home is:
- a small dwelling-house fixed to a trailer (like a caravan). As the tiny house is built on a trailer, it is capable of being registered under the Road Transport Act 2013, or
- a small dwelling house fixed to the land as a secondary home (eg, granny flat, converted shed) - considered a secondary dwelling. Secondary dwellings are a popular way to establish a tiny house to complement an existing home.
You will need to consider local and State planning legislation if you choose to live in this type of dwelling (house).
The approval requirements depend on the type of tiny house you consider and the zoning of the land it's situated.
Legislation
Tiny house installation and use is subject to the approval and design requirements of the NSW Government and Council's planning controls.
You do not need to get approval for your tiny house in certain situations - refer to clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.
Council's planning documents that apply are:
You will also need to consider NSW Government legislation:
- State Environmental Planning Policy (Housing) 2021 (relates to tiny houses used as secondary dwellings)
- Local Government Act 1993 - Section 68
- Environmental Planning and Assessment Act 1979
Approval FAQs
Tiny home on wheels (caravan)
You do not need development approval to keep your tiny home in your backyard or on your property, if you can register it with RMS as a trailer, and you meet certain exemptions.
NSW legislation allows you to:
- have no more than two caravans, campervans or tents if you plan for someone to stay in them for a short-term (no more than 2 consecutive days), for no more than 60 days a year
- have no more than one caravan, campervan or tent if you plan to have someone that is a member of your household live in it on a long-term basis, only when you have an approved dwelling (house) already on the lot. You need to maintain the tiny house in a safe and healthy condition
- use it on pastoral or agricultural land, provided it's occupied seasonally by people employed in pastoral or agricultural operations on the land.
Note: The information in this clause changes often and Council recommends that you review it to keep updated on current standards. Refer to clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.
If your tiny home on a trailer is not exempt by NSW legislation:
- You must meet the relevant development controls and address any constraints that apply to the land, including:
- bushfire
- flood
- land-use conflicts.
- You will need to lodge a Development Application (DA) or Complying Development Certificate (CDC) and other related applications (eg, section 68 approval, driveway, water and sewer connection). Council requires these applications so that it can assess and certify your proposal.
- If you have a rural property, you may need to get other approvals such as an upgrade of your existing on-site sewage management system (eg, septic tank).
- If you have a property in an urban setting, you may need to get other approvals to connect to water and sewer infrastructure. If required, you may also need to pay certain contributions.
Fixed tiny home (including a secondary dwelling)
- Lodge a DA and other related applications (eg, Construction Certificate, driveway, water and sewer connection), or you may be able to apply for a CDC.
- Council will need to assess and certify your proposal for a permanently constructed or installed dwelling (home)/manufactured home.
We can help you
If you would like to discuss the details of your application or supporting documents, contact Council's Development Help Desk:
- T: 02 4474 1231
- E: Development Help Desk
Tiny home on wheels (caravan)
You will not need to pay development contributions if approval is not required.
Fixed tiny home (including a secondary dwelling)
Secondary dwellings under 60m2 are exempt from water and sewer connections.
Section 7.11 contributions still apply.
Fixed tiny home (including a secondary dwelling), and tiny home on wheels (caravan)
Current legislation does not allow for a tiny home as a primary dwelling (home) - this applies to rural and residential zoning. However, clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 allows for certain exemptions for vacant land.
You can check the zoning that applies to your land on Council's land-mapping tool:
A tiny home may be considered a primary dwelling, subject to certain approvals and compliance. Please contact Council's Development Help Desk if this is your intention:
- T: 02 4474 1231
- E: Development Help Desk
Tiny home on wheels (caravan)
You can have one caravan, campervan or tent on your property if a member of your home lives in it on a long-term basis. This applies only when you have an approved existing dwelling on your property.
You must maintain your tiny home in a safe and healthy condition as a moveable dwelling.
Fixed tiny home (including a secondary dwelling)
You or a member of your family can live in a fixed tiny home on your property, which has an approved, existing dwelling (home).
More information
Tiny home on wheels (caravan)
NSW legislation may allow you to have no more than two caravans, campervans or tents, if you plan for someone to stay in it for a short-term (up to two days at a time), for no more than 60 days per year. Make sure you speak to Council's Development Help Desk if this is your intention.
Fixed tiny home (including a secondary dwelling)
You can't have more than one fixed tiny home on your property under secondary dwelling land-use.
For more information, contact Council’s Development Help Desk on:
- T: 02 4474 1231
- E: Development Help Desk
Tiny home on wheels (caravan)
Yes, provided you can follow the requirements of clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.
Fixed tiny home (including secondary dwelling)
You can rent out your secondary dwelling as a form of rental housing. You can also rent it out as short-term tourist and visitor accommodation, in line with the requirements of clause 5.13 of the Eurobodalla Local Environmental Plan 2012.
Fixed tiny home (including a secondary dwelling) and tiny home on wheels (caravan)
You will need approval from Council to carry out plumbing works for water supply or wastewater disposal (fixed water and sewer connection points) under Section 68 of the Local Government Act 1993.
Contributions may also apply.
You will need a separate approval for an on-site sewage management system if a town sewer connection is not available.
Definitions
- Caravan: a moveable dwelling designed to be capable of being registered (within the meaning of the Road Transport Act 2013) as a trailer but does not include a camper trailer.
- Campervan: a moveable dwelling (other than a caravan) designed to be capable of being registered (within the meaning of the Road Transport Act 2013) as a motor vehicle and includes a camper trailer.
- Moveable dwelling:
- any tent, caravan or other van or portable device (whether on wheels or not), used for human habitation, or
- a manufactured home, or
- any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.
- Manufactured home: a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling that:
- comprises one or more major sections, and
- is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013, and
- includes any associated structures that form part of the dwelling.
We can help you
If you have any queries about tiny homes or the approval process, contact our Development Help Desk:
- T: 02 4474 1231
- E: Council's Development Help Desk