INSTASHACK

Know Before You Build

Council rules for tiny & expandable homes

Most INSTASHACK customers mount their home on a registered trailer, which is generally treated as a movable dwelling rather than a fixed structure — avoiding standard council development approval. Below is a general guide to how each state treats fixed, on-ground tiny homes, granny flats and movable dwellings. Rules vary by council and change often — use this as a starting point, not a final answer.

Secondary dwellings (granny flats) are generally capped around 60m² gross floor area under the Housing SEPP. Fast-tracked Complying Development Certificate (CDC) approval is often available on residential lots of 450m² or more, free of major environmental overlays — otherwise a full Development Application (DA) is required. Tiny homes on wheels are typically treated like caravans, with strict limits on how long they can be lived in permanently. Rules are actively under review, so check current settings with your local council.

Victoria allows “small second dwellings” up to 60m² in most residential zones without a planning permit, provided the lot is a reasonable size and free of special overlays (flood, heritage, environmental). This is generally simpler than NSW’s lot-size test. Tiny homes on wheels are usually regulated as caravans and restricted to short stays outside of specific council pilot programs.

A secondary dwelling on a block with an existing home is generally capped at 60m² gross floor area. Building over this size, or building without a lot large enough for fast-track pathways, typically requires a full Development Application. Requirements vary noticeably between councils, so always check locally.

Most residential zones allow a tiny home as “ancillary accommodation” (granny flat) subject to the Planning and Design Code — covering setbacks, height and site coverage. A tiny home can also be a primary residence on a vacant block, in which case it’s assessed like a standard home.

WA is comparatively flexible — an ancillary dwelling up to around 70m² can often be built without a planning permit, subject to standard setback rules. Confirm current limits, as thresholds are periodically reviewed.

A permanent tiny home fixed to the ground on a block with an existing house is generally classified as a Secondary Residence and requires full territory planning and construction approval — it cannot be exempt if it results in two or more independent dwellings on one block. Long-term living in a tiny home on wheels is heavily restricted.

Both jurisdictions generally assess secondary and movable dwellings on a site-by-site basis through local planning schemes. There is no single statewide “tiny home” category in most areas, so an early conversation with your local council is essential before ordering.

Check Your Block

Not sure how your council will treat it?

Tell us your postcode and what you’re planning — we’ll talk you through how it’s usually handled in your area.

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