Tasmania's building regulator says tiny home on wheel regulations have not changed, but its public advice reveals significant changes for tiny home developments over the last several years.
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Tiny homes on wheels (THOWS) are basically unregulated.
They do not fall under national and state building laws, and no state laws explicitly govern these tiny trendy structures.
As a result these inadequate planning and building regulations have created multiple challenges.
They have frustrated Tasmanian councils and their constituents, including those who already own a tiny home as well as those considering one as a home or short-stay investment.
And it has created stress for tiny home builders, with at least one business in the South having closed down due to the regulatory issues.
A legal grey area
Consumer, Building and Occupational Services (CBOS), as the state's building regulator, provides guidance and clarity for tiny home builds.
Consumers and councils are then guided by this advice, with each individual council left with the ultimate discretion on whether to allow such developments.
But as the trend of tiny houses has gained momentum, there has been no clear planning and approval pathways.
To keep up with the trend CBOS' regulatory notes for tiny houses have repeatedly changed.
Current advice states that anyone considering a road registerable THOW must seek council approval and must engage a building surveyor.
But under previous advice by CBOS a structure built with wheels, such as a caravan or trailer, did not need council building approvals.
This new advice has increased red tape for THOWS and might slow down such development, making the affordable housing option more difficult and costly.
What is the current regulatory position on THOWS?
A CBOS spokesperson said THOWS can be taken onto private property without council building approvals, but if any building and plumbing work is done, then approvals are required.
Its current 2024 fact sheet states that a THOW is 'no longer deemed' road registrable where it is connected to the ground by any form of construction or plumbing work.
This means they cannot have wrap-around decks or fixed plumbing (such as flushing toilets), meaning a standard caravan toilet must be installed instead.
If they want fixed plumbing, the guidelines must be followed, which includes hiring a certified plumber to install such plumbing in a nearby council approved shed.
It further provides that owners 'must consult' with the council for planning approval, and a builder surveyor 'must be engaged'.
Australian Community Media has spoken with people who had considered putting a THOW on their property but felt confused by the guidelines, and still felt confused after ringing their local council.
They were told by the councils to speak with a building surveyor, and the surveyor also failed to provide a clear explanation of what was required for THOW developments.
They said the general feeling they got from the advice they received was not to consider a THOW.
Confusing: CBOS says 'no change in regulations'
The March 2018 fact sheet states that a structure built on wheels, which is "capable of being registered" as a vehicle, does not need approval because it is not a building.
"If the structure is built with wheels (eg a caravan or trailer) and is capable of being registered with Tasmanian Motor Vehicle Registry (Department of State Growth) then it is not a building and does not need building approval for erection or installation", it said.
CBOS released a new fact sheet in August last year, which was replaced by the current version in January (rewritten in February), which increased the requirements for tiny homes.
But a Consumer, Building and Occupational Services (CBOS) has said the regulations for tiny homes have not changed.
It said it had recently released a regulatory note to clarify existing laws for tiny homes, including THOWS that are capable of being relocated by towing behind a vehicle.
"Laws relating to tiny homes are set out in legislation such as the Building Act 2016 and the Land Use Planning and Approvals Act 1993," the spokesperson said.
"There has been no change in regulations regarding tiny homes and caravans in Tasmania," the said.
"The purpose of the regulatory notes is to assist people's understanding of the existing regulations."
'Capable' of vehicle registration
To add to the confusion, THOWS only have to be capable of being registered under state vehicle laws, and do not necessarily need to be registered.
The CBOS spokesperson said that eligibility for registration is found in the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021.
They added that a tiny house on wheels, connected to the ground by building or plumbing work, would not be eligible for registration under the regulations.
