Tiny homes

Tiny homes are growing in popularity in Australia as a more affordable and environmentally sustainable housing option. 

Tiny homes can be designed and built using green principles and provide affordable housing whilst minimising the urban footprint.

They are emerging in varying forms and locations, such as granny flats (or secondary dwellings) to complement existing housing, groupings of dwellings in established urban areas, converted sheds and beach shacks on larger, isolated properties, and in mobile caravan formats.

In each case, you need to be mindful of the approvals and design requirements of existing State Government and local Council planning controls.

There is no land use definition for a tiny house in Bellingen Shire Council Local Environmental Plan 2010 (LEP) however, they are generally considered to be a small dwelling house:

  • fixed to the land as a primary home, either a dwelling house or a manufactured home
  • fixed to the land as a secondary home, considered a secondary dwelling
  • fixed to a trailer with the capability of being registered under the Road Transport Act 2013, considered as a caravan
 

Tiny House as a primary home (Dwelling house)

You need to obtain approval before building a tiny house as the primary home on your property (just the same as you would if building a standard house).

The house needs to meet the relevant requirements in the Bellingen Shire Council Local Environmental Plan 2010, and development controls for residential development contained in Bellingen Shire Council Development Control Plan 2017-2019(PDF, 8MB). These planning controls relate to the zoning of the land, site and building requirements, road access, and connections to power, water and sewer.

Please note, that a tiny home as a primary dwelling house is not always permissible on rural and conservation zoned parcels of land.

What approval pathway can I use to apply?

To obtain development consent, you will need to lodge either a Complying Development Certificate (CDC) or Development Application (DA).  

Lodge a DA    Lodge a CDC

Tiny House as a secondary home (Secondary Dwelling)

A tiny house that is fixed to the land as a secondary home is considered to be a secondary dwelling if it:

  • is established in conjunction with a principal dwelling;
  • on the same lot of land as the principal dwelling (and not on an individual lot in a strata plan or community title scheme);
  • within, attached to, or separate from the principal dwelling; and
  • has a maximum floor area (excluding any area used for parking) of 60m2 or 25% of the floor area of the principal dwelling (whichever is greater).
 
What approval pathway can I use to apply?

To obtain development consent, you will need to lodge either a Complying Development Certificate (CDC) or Development Application (DA).  

Lodge a DA    Lodge a CDC

Tiny House fixed to a trailer

If the tiny house is fixed to a trailer that is registered under the Road Transport Act 2013, in most cases no development approval is required to park it on your property, subject to certain exemptions under the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds, Moveable Dwellings) Regulation 2005.

These exemptions allow you to:

  • have no more than 2 caravans, campervans or tents on a property if someone stays in them for a short term (up to 48 hours at a time) for no more than 60 days in a single 12 month period;
  • have no more than one caravan or campervan if there is an approved dwelling house on the property and the property owner’s household plans to live in it on a long term basis and it is maintained in a safe and healthy condition;
  • have no more than one caravan or campervan on pastoral or agricultural land if it is only occupied seasonally by people employed in pastoral or agricultural operations on the land;
  • have a moveable dwelling and associated structure on land for accommodating people who have been displaced because of a bush fire, but only if the moveable dwelling or associated structure is maintained in a healthy and safe condition and is removed within 2 years after it is installed.

A tiny house that does not meet any of the above exemptions will be considered a dwelling house or secondary dwelling (see above) and will require Council approval in the way of a Development Application (DA) or Complying Development Certificate (CDC). 

NOTE: Approval is still required under Section 68 of the Local Government Act 1993 for the installation of any onsite sewage management system associated with the use of a tiny home (including a composting toilet). 

 

Common questions

 

 

Question
Fixed tiny home

(Dwelling or Secondary Dwelling)
 
Tiny home on wheels (caravan)

 

Do I have to pay a development contribution?

 No

Secondary dwellings under 60m2 are exempt, except if the dwelling requires connection to town water.

 

No

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 homemay be considered a primary dwelling. Please talk to Council if this is your intention. *

*See Tiny homeas a Primary Dwelling note above.

 

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 homemay be considered a primary dwelling. Please talk to Council if this is your intention. *

*See Tiny homeas a Primary Dwelling note above.

Can I, or a member of my family, live in my tiny homeon my property, which has an approved, existing dwelling (home )?

Yes

Yes

You can have no more than one caravan, campervan or tent if you plan to have someone that is a member of your homelive in it on long-term basis, only when you have an approved existing dwelling/home already on the lot. You must maintain your tiny homein a safe and healthy condition for human habitation as a moveable dwelling.

 

Can I have more than one tiny home on my property?

No

Potentially

NSW Legislationmay 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 ?

Yes and No

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.

 

Yes and No

The installation is for habitation by the owner or by members of the owner’s household only.

Holiday letting requires development consent from Council.

Can I connect my tiny hometo town water, power and sewer?

Yes

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.

 

Yes

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.

 

 

Additional planning legislation to consider:

 

 

 

Before you apply

Visit our How can we help page to access the services we provide to assist you prepare your application;

  • Checklists
  • Templates
  • Forms 
  • Mapping systems
  • Days and times we can help you in person

Visit our submitting an application page to read the steps to take to submit a range of applications, including a DA or CDC

 

Related Documents

Bellingen Shire Council Development Control Plan 2017-2019 (DCP)(PDF, 8MB)

 

Bellingen Shire Council Local Environmental Plan 2010 (LEP)

 

Council Recommendation

If the application process is unfamiliar to you, or your application is somewhat complex, it is recommended you engage a suitable qualified consultant to ensure the development is designed in accordance with all the relevant development standards and complies with the Building Code of Australia. 

 

This may eliminate incomplete or insufficient applications being lodged, which can slow down the application processing times. 

 

It is recommended to discuss your proposal with your neighbours and consider their concerns to avoid delays in the application process. 

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