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

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Tiny House as a primary home (Dwelling house)

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Tiny House as a secondary home (Secondary Dwelling)

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Tiny House fixed to a trailer

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Common questions

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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.

Question

Fixed tiny home

(Dwelling or Secondary Dwelling)

Tiny home on wheels (caravan)

Do I have to pay a development contribution?

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

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

*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

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?

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

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:

SEPP (Building Sustainability Index: BASIX) 2004
SEPP (Affordable Rental Housing) 2009 (this relates to tiny houses used as secondary dwellings)
Local Government (Manufactured Home Estates, Caravan parks, Camping Ground and Moveable Dwellings) Regulation 2021

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

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.

Tiny homes

Tiny House as a primary home (Dwelling house)

What approval pathway can I use to apply?

Tiny House as a secondary home (Secondary Dwelling)

What approval pathway can I use to apply?

Tiny House fixed to a trailer

Common questions

Question

Fixed tiny home

Tiny home on wheels (caravan)

Before you apply

Related Documents

Council Recommendation