Tiny Houses

A Tiny House is a smaller than average dwelling and can be fixed to a lot like a normal dwelling, built on a trailer or is a transportable dwelling.

Generally, a Tiny House can be defined in the NSW Planning Legislation as either, a dwelling, or a moveable dwelling.

In this information guide the two types of Tiny Houses will be informally referred to as:

Type A for a dwelling type Tiny House, and
Type B for a moveable type Tiny House.

Type A: Tiny House - Dwelling

Type A Tiny Houses are dwellings fixed to the land. A Tiny House built as a dwelling would need to meet the same requirements as an average sized dwelling and gain development consent prior to construction.

A Type A Tiny House cannot be exempt development, in all cases development consent will be required.

There is potential of a dwelling being approved as complying development under state legislation.

In all other cases a Development Application (DA) will be required to be lodged with council for development consent.

Regulations for Type A Tiny House

Type B: Tiny House - Moveable Dwelling

Type B Tiny Houses are classed as a moveable dwelling and can be either a manufactured home or a caravan.

	Manufactured Home	Caravan
Is a development consent required?	Yes, you will also need to get a Local Government Act Section 68 Approval.	No, if there is an existing dwelling on a residential property and the caravan is being used by a member of the caravan owner's household in connection with the owner's dwelling house. A caravan is required to have the capability of being registered under the Road Transport Act.
Are sewerage and water connections required?	Yes.	Yes, you can connect to the existing onsite services.
Can a Tiny House be leased?	Yes.	No, only a member of the caravan owner's household in connection with the owner's dwelling house is able to reside in the caravan.
Can a Tiny House be used for short term rental accommodation/holiday letting?	Yes, see information guide on short term rental accommodation.	No.
Can a Tiny House be occupied when there is no other dwelling on the lot?	Yes, the tiny house can be the principal dwelling on the site. Development consent will be required.	No, a caravan can only be used in conjunction with an existing dwelling on the lot.

Regulations for Type B Tiny House

Note:

For the purposes of this information guide the location of the Tiny House will be on a residential lot only and does not refer to caravan or camping grounds or manufactured home estates, please contact City of Newcastle's Duty officer on 02 4974 2000 to discuss development on these types of land and land uses.

Definitions

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling house means a building containing only one dwelling [on a single lot of land].

campervan means a moveable dwelling (other than a caravan) that is designed so as to be capable of being registered (within the meaning of the Road Transport Act 2013) as a motor vehicle, and includes a camper trailer.

caravan means a moveable dwelling that is designed so as 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.

movable dwelling means—

any tent, or any caravan or other van or other 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 means 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
that 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.

relocatable home means—

a manufactured home, or
any other moveable dwelling (whether or not self-contained) that comprises one or more major sections, including any associated structure that forms part of the dwelling, but does not include a tent, caravan or campervan or any moveable dwelling that is a vehicle of a kind that is capable of being registered within the meaning of the Road Transport Act 2013.

secondary dwelling means a self-contained dwelling that—

is established in conjunction with another dwelling (the principal dwelling), and
is on the same lot of land as the principal dwelling, and is located within, or is attached to, or is separate from, the principal dwelling.