Download a copy of the Tiny Homes – Preliminary Issues and Options Report (PDF, 224 KB)
This page aims to provide answers to some of the most common questions we receive about tiny houses.
What is a tiny house?
There is no clear definition of what a tiny house is, and that can lead to confusion. A tiny house is a permanently placed building or mobile structure used for residential living that is small in floor area and has a kitchen, shower (or other washing facilities) and toilet facilities.
Does Council regulate tiny houses?
Yes, but only to the extent that they are buildings, under the -
- Building Act through the Building Code and building consents, and
- Resource Management Act through the District Plan and resource consents.
Is a tiny house considered to be a building?
Yes – unless it is a trailer, caravan or vehicle which is registered and warranted for use on the road. There are exceptions and this is expanded on in the MBIE Guidance on tiny houses.
See MBIE's 'Tiny House Guidance' (page 8) for Determining whether a tiny house is a building or a vehicle - (PDF, 1.9 MB)
Where can I find guidance on the Building Act requirements?
To help you out, tiny house guidance has been developed by MBIE around what rules apply and what requirements should be considered before building a tiny house.
Where can I find guidance on the Resource Management Act requirements?
The District Plan contains rules about dwellings. A tiny house is a dwelling and we have a guidance note in the Building a Dwelling, Tiny House or a Sleep-out section of our website.
Why are these rules for tiny houses which are buildings needed?
The Building Act rules are to make sure that your tiny house is certified as being safe and healthy. These requirements are to ensure that the building is constructed so that it is:
- designed to be structurally sound.
- located on "good" ground, so its foundations are safe.
- a healthy home meeting minimum standards for insulation, daylighting and ventilation, and water and wastewater services.
- built using approved materials that meet minimum durability and weathertightness standards.
- not subject to natural hazards and has an appropriate floor level.
Any tiny house which is a dwelling requires a building consent.
The District Plan rules are to make sure that there are no environmental effects or effects on neighbours or adjacent land. A tiny house will require a resource consent if there is already a dwelling on the property or if it does not meet the District Plan rules for dwellings, such as distance to boundary.
What if my tiny house is on wheels?
Having a tiny house on wheels does not make it a vehicle under the Building Act. To be classed as a vehicle, it must be either moveable or not occupied in the long term. "Vehicle", "moveable" or "long term" are not defined, but the MBIE Guidance contains useful information to assist. Having permanent service connections or not having vehicle certification will mean that the tiny house is likely to be considered as immobile as it is not readily available for transportation. Where any potential occupation is for more than a defined period of one month, this is likely to be assessed as being long term occupation.
Only one of the two Building Act considerations (mobile or not occupied long term) needs to apply for the tiny house vehicle to not be assessed as a building. In all other cases the tiny house will need to comply with the Building Code.
Under the District Plan, a tiny house which is a vehicle is a "dwelling" if it is occupied for more than one month, whether it can be moved or not. If the vehicle is occupied long term (more than one month) then it must comply with the Resource Management Act.
What if my tiny house is less than 30m2 in area?
The size of the tiny house does not matter in terms of whether it is a building or dwelling – big or small, it is still a building and a dwelling. Please note that all dwellings, including all tiny houses which are buildings, however small, are required to have a building consent. These are not included in the national exemptions relating to size of the building etc.
Do I have to provide Council services to my tiny house?
You will need to allow for drinking water, sewerage and stormwater. If there are Council water or wastewater systems in the area, then the tiny house must be connected to those through Council approved connections. If these systems are not available, then the tiny house must have an independent water supply and sewage disposal.
Independent systems can include alternatives such as composting systems for waste water or roof water collection for drinking water. They must, however, in all cases be approved by Council and comply with the Building Code through a building consent.
You will also need a compliant Council or NZTA approved access to a Council road or State Highway as appropriate.
Can I build a tiny house myself?
Yes you can, BUT:
- You will still need a building consent
- Any work such as plumbing and drainage, gas fitting, and mains connected electrical systems, must be completed and signed off by a person registered or licensed for such work.
The MBIE Guidance Note relating to owner/builder exemptions provides further information.
What happens if I buy a pre-built tiny house?
Before you buy it, make sure that the supplier has a completed building consent approval and a Code Compliance Certificate obtained from the Council where it has been constructed. Make sure that you have a copy of this as it is your assurance that it meets the minimum standards for a dwelling.
A pre-built structure will still have to comply with the Building Act and Resource Management Act requirements wherever you locate it. You will still need to contact Council before committing to a place for it.
What are the Building Code requirements?
The Building Act 2004 and Building Code are intended to ensure a building is constructed so it is:
- designed to be structurally sound.
- located on "good” ground, so its foundations are safe.
- a healthy home meeting minimum standards for insulation, daylighting and ventilation, and water and wastewater services.
- constructed of approved materials that meet minimum durability and weather tightness standards.
- not subject to natural hazards and has an appropriate floor level.
What will Council approvals cost?
Both resource consent and building consent approval costs are charged at an hourly rate, but also include any national levies. You pay for actual time and cost in processing your application and carrying out any inspections or monitoring. This cost varies with the complexity of a consent and the quality of the supplied documents.
What other costs are there?
If there is already a dwelling on the property, or no development contributions have been paid before on the property, or you are connecting services, then you will have to pay development contributions. Guidance on Development Contribution Fees.
The addition of a tiny house may also affect your property's independent valuation and then your rates.
Who can I speak to about Tiny Houses?
For resource consent matters please email Duty.Planner@whakatane.govt.nz.
For building consent matters please email DutyBCO@whakatane.govt.nz.
You can also make an appointment through our Customer Service Centre.
