Here’s a comparison of the tiny home rules across each Australian state.
Here’s a comparison of the tiny home rules across each Australian state.
| State / Territory | Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy |
|---|---|---|---|---|---|---|---|
| NSW | Yes, but it must comply with the National Construction Code (NCC) and your specific council Local Environmental Plan (LEP) | Strictly capped at 60m². | • Primary dwelling: A fixed primary dwelling requires a minimum lot size of 200 square metres to qualify for fast-tracked approval. • Secondary dwelling: A fixed secondary dwelling requires a minimum lot size of 450 square metres to qualify for fast-tracked approval. |
20-day Complying Development Certificate (CDC) path bypasses DA if rules are met. | Mandatory (CDC or Construction Certificate); requires 7-star BASIX. | Separate connections and off-grid setups permitted with S68 approval. | Allowed for any open-market tenant. |
| VIC | Yes, because it's classified as a permanent residential structure (Class 1a building) | Strictly capped at 60m² gross floor, which includes any attached roofed outdoor areas like verandahs and carports | • Primary dwelling: A fixed primary dwelling requires a minimum lot size of 300 square metres to be exempt from a planning permit. • Secondary dwelling: A fixed small second dwelling requires a minimum lot size of 300 square metres to be exempt from a planning permit. |
Exempt from DA on lots over 300m² with no overlays. | Mandatory Building Permit from a registered surveyor. | Must be all-electric (connecting to reticulated natural gas voids the exemption). | Allowed for any open-market tenant. |
| QLD | Yes, but it must comply with the National Construction Code (NCC) and local planning and zoning laws | Set by local councils. Ranging from 80 square metres in Brisbane and the Gold Coast, up to 100 square metres in Logan, and up to 120 square metres in Ipswich | • Primary dwelling: Regulated by individual local council zoning limits rather than a statewide tiny home minimum. • Secondary dwelling: There is no statewide minimum; lot size requirements are set locally by individual councils. |
Accepted Development bypasses DA if local council size/setback rules are met. | Mandatory private building certification and 7-star NatHERS. | Must share sub-meters; independent meters trigger massive infrastructure fees ($15k-$30k). | Allowed for any open-market tenant. |
| WA | Yes, because it's classified as a permanent residential structure (Class 1a building) | Capped at a generous 70 square metres of internal floor area, which explicitly excludes external features like unroofed patios and garages | Abolished (no minimum). | Deemed-to-comply framework completely skips DA. | Mandatory Building Permit (fast-tracked CDC path takes 10 days). | Must achieve 7-star NatHERS; off-grid/greywater systems allowed. | Allowed long-term; short stays require STRA registration. |
| SA | Yes, but it must comply with the National Construction Code and require formal Planning and Building approval through your local council | Capped at 70 square metres of floor area and is restricted to a maximum of two bedrooms | No strict minimum, but must meet standard siting rules. | Deemed-to-Satisfy (DTS) fast-track path via the online PlanSA portal. | Mandatory Building Consent. | Must strictly share water/power/sewer to use fast-track. High SA Water fees apply. | Allowed using the mandatory Form A1 & bond lodgment. |
| TAS | Yes, but it must go through a formal council development process and comply with strict building codes | A fixed secondary residence is currently capped at 60 square metres of gross floor area (excluding unroofed decks), though a pending amendment aims to increase this to 90 square metres | • Primary dwelling: Standard zoning rules apply; creating a new standalone title generally requires a lot of 450 to 600 square metres. • Secondary dwelling: There is no strict square-metre minimum, but the lot must contain exactly one existing primary home. |
No Permit Required (NPR) pathway bypasses DA if rules are met. | Mandatory Building Approval (BA) via private building surveyor. | Independent utility meters trigger a "Multiple Dwelling" DA reclassification. | Allowed under the Residential Tenancies Act. |
| ACT | Yes, but it must comply with the National Construction Code (NCC). Also requires a mandatory Development Application (DA) for planning permission and a Building Approval (BA) for construction safety. | A fixed secondary residence must fit within a strict size window of between 40 square metres and 90 square metres of gross floor area | • Primary dwelling: Tiny home-specific minimum lot sizes do not apply to a primary dwelling. • Secondary dwelling: A fixed secondary residence strictly requires a minimum lot size of 500 square metres. |
No exemptions; a full Development Application (DA) is mandatory for every build. | Mandatory Building Approval (BA) via private certifier. | Mandatory Water Sensitive Urban Design (rainwater tank); independent billing requires heavy upgrades. | Allowed, but only if you provide at least one dedicated, off-street parking space exclusively for the tiny home tenant. The tenant must also be provided with a dedicated Principal Private Open Space (PPOS) of at least 28 square metres, featuring a minimum clear dimension of 4 metres. |
| NT | Yes, providing it complies with the Northern Territory Planning scheme and local council zoning bylaws. | A fixed independent unit is capped at a maximum gross floor area of 75 square metres in urban zones and up to 100 square metres in rural zones, though there is no size limit if it is built as a primary dwelling. | • Primary dwelling: A fixed primary dwelling requires a minimum lot size of 300 square metres to avoid a mandatory full planning assessment • Secondary dwelling: An urban fixed secondary dwelling requires a minimum lot size of 600 square metres |
Permitted Use bypasses DA if zoning/setback rules are met. | Mandatory via NT-registered certifier. Coastal areas require heavy Cyclone Region C engineering. | Must share power/water connections and vehicle access to skip the DA phase. | Allowed for any open-market tenant. |
| State / Territory | Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy |
|---|---|---|---|---|---|---|---|
| NSW | Yes, but it must comply with the National Construction Code (NCC) and your specific council Local Environmental Plan (LEP) | Strictly capped at 60m². | • Primary dwelling: A fixed primary dwelling requires a minimum lot size of 200 square metres to qualify for fast-tracked approval. • Secondary dwelling: A fixed secondary dwelling requires a minimum lot size of 450 square metres to qualify for fast-tracked approval. |
20-day Complying Development Certificate (CDC) path bypasses DA if rules are met. | Mandatory (CDC or Construction Certificate); requires 7-star BASIX. | Separate connections and off-grid setups permitted with S68 approval. | Allowed for any open-market tenant. |
| Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy | |
| VIC | Yes, because it's classified as a permanent residential structure (Class 1a building) | Strictly capped at 60m² gross floor, which includes any attached roofed outdoor areas like verandahs and carports | • Primary dwelling: A fixed primary dwelling requires a minimum lot size of 300 square metres to be exempt from a planning permit. • Secondary dwelling: A fixed small second dwelling requires a minimum lot size of 300 square metres to be exempt from a planning permit. |
Exempt from DA on lots over 300m² with no overlays. | Mandatory Building Permit from a registered surveyor. | Must be all-electric (connecting to reticulated natural gas voids the exemption). | Allowed for any open-market tenant. |
| Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy | |
| QLD | Yes, but it must comply with the National Construction Code (NCC) and local planning and zoning laws | Set by local councils. Ranging from 80 square metres in Brisbane and the Gold Coast, up to 100 square metres in Logan, and up to 120 square metres in Ipswich | • Primary dwelling: Regulated by individual local council zoning limits rather than a statewide tiny home minimum. • Secondary dwelling: There is no statewide minimum; lot size requirements are set locally by individual councils. |
Accepted Development bypasses DA if local council size/setback rules are met. | Mandatory private building certification and 7-star NatHERS. | Must share sub-meters; independent meters trigger massive infrastructure fees ($15k-$30k). | Allowed for any open-market tenant. |
| Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy | |
| WA | Yes, because it's classified as a permanent residential structure (Class 1a building) | Capped at a generous 70 square metres of internal floor area, which explicitly excludes external features like unroofed patios and garages | Abolished (no minimum). | Deemed-to-comply framework completely skips DA. | Mandatory Building Permit (fast-tracked CDC path takes 10 days). | Must achieve 7-star NatHERS; off-grid/greywater systems allowed. | Allowed long-term; short stays require STRA registration. |
| Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy | |
| SA | Yes, but it must comply with the National Construction Code and require formal Planning and Building approval through your local council | Capped at 70 square metres of floor area and is restricted to a maximum of two bedrooms | No strict minimum, but must meet standard siting rules. | Deemed-to-Satisfy (DTS) fast-track path via the online PlanSA portal. | Mandatory Building Consent. | Must strictly share water/power/sewer to use fast-track. High SA Water fees apply. | Allowed using the mandatory Form A1 & bond lodgment. |
| Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy | |
| TAS | Yes, but it must go through a formal council development process and comply with strict building codes | A fixed secondary residence is currently capped at 60 square metres of gross floor area (excluding unroofed decks), though a pending amendment aims to increase this to 90 square metres | • Primary dwelling: Standard zoning rules apply; creating a new standalone title generally requires a lot of 450 to 600 square metres. • Secondary dwelling: There is no strict square-metre minimum, but the lot must contain exactly one existing primary home. |
No Permit Required (NPR) pathway bypasses DA if rules are met. | Mandatory Building Approval (BA) via private building surveyor. | Independent utility meters trigger a "Multiple Dwelling" DA reclassification. | Allowed under the Residential Tenancies Act. |
| Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy | |
| ACT | Yes, but it must comply with the National Construction Code (NCC). Also requires a mandatory Development Application (DA) for planning permission and a Building Approval (BA) for construction safety. | A fixed secondary residence must fit within a strict size window of between 40 square metres and 90 square metres of gross floor area | • Primary dwelling: Tiny home-specific minimum lot sizes do not apply to a primary dwelling. • Secondary dwelling: A fixed secondary residence strictly requires a minimum lot size of 500 square metres. |
No exemptions; a full Development Application (DA) is mandatory for every build. | Mandatory Building Approval (BA) via private certifier. | Mandatory Water Sensitive Urban Design (rainwater tank); independent billing requires heavy upgrades. | Allowed, but only if you provide at least one dedicated, off-street parking space exclusively for the tiny home tenant. The tenant must also be provided with a dedicated Principal Private Open Space (PPOS) of at least 28 square metres, featuring a minimum clear dimension of 4 metres. |
| Can be used as a primary dwelling? | Maximum size and dimensions | Minimum lot size requirements | Development Approval (DA) exemptions | Building permit requirements | Utility connections & plumbing | Open-market renting and tenancy | |
| NT | Yes, providing it complies with the Northern Territory Planning scheme and local council zoning bylaws. | A fixed independent unit is capped at a maximum gross floor area of 75 square metres in urban zones and up to 100 square metres in rural zones, though there is no size limit if it is built as a primary dwelling. | • Primary dwelling: A fixed primary dwelling requires a minimum lot size of 300 square metres to avoid a mandatory full planning assessment. • Secondary dwelling: An urban fixed secondary dwelling requires a minimum lot size of 600 square metres. |
Permitted Use bypasses DA if zoning/setback rules are met. | Mandatory via NT-registered certifier. Coastal areas require heavy Cyclone Region C engineering. | Must share power/water connections and vehicle access to skip the DA phase. | Allowed for any open-market tenant. |
| State / Territory | Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy |
|---|---|---|---|---|---|---|
| NSW | Generally not permitted without council approval. | Yes. | 2.5m wide, 4.3m high, 12.5m long (19m combined), 4.5 tonnes ATM. | 60 days/year for guests; indefinitely if occupied by a household member. | Exempt if it remains mobile and road-registrable. | Cannot be rented on the open market without a DA (must be a household member for exemption). |
| VIC | Generally no. Living on private land is strictly regulated and generally prohibited without council approval. | Yes. | 2.5m wide, 4.3m high, 12.2m long, 4.5 tonnes ATM. | Varies heavily by council (often 28–60 days/year or 2 consecutive nights). | Exempt if registered and readily removable; required if un-towable. | Strictly restricted; generally only for short-term/casual stays without a DA. |
| QLD | Generally not permitted without council approval. | Many councils allow them to be used temporarily or as "ancillary/incidental" structures under specific local laws. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | Some councils allow a family member or guest to temporarily live in a caravan in the backyard, as long as it remains "subordinate" to the main house (e.g., they rely on the main house for amenities like kitchens or laundry). | Exempt if registered and kept on wheels. | Highly restricted to household/subordinate use. |
| WA | Yes, but typically only permitted as temporary accommodation (e.g., while building a house). | Yes. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | 5 nights per 28 days permit-free; up to 24-month renewable permits available via council. | Exempt if it remains a registrable vehicle. | Requires a 24-month permit for long-term; short stays require STRA registry. |
| SA | Generally not permitted without council approval. | Yes. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | Usually 30 to 60 days/year; up to 2 years for disaster recovery. | Exempt if mobile; triggers building consent if occupied permanently. | Mostly restricted to short-term guests/ancillary use unless permitted. |
| TAS | Generally not permitted without council approval. | Generally restricted. | 2.5m wide, 4.3m high, 4.5 tonnes ATM. | Max 30 days per calendar year; indefinitely if used as an ancillary room for a household member. | Exempt if road-ready and wheels remain intact. | Restricted to household members under the ancillary model. |
| ACT | Generally no. | Generally restricted. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | Permitted only for short-term guests or pure storage. | Exempt from structural building approvals, but requires a DA for ongoing residential use. | Illegal to rent as a standalone home without a full DA. |
| NT | Generally no. Restricts accommodation to a temporary residence. | Generally restricted. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | Up to 6 months for visitors; indefinitely for a dependent of the main house. | Exempt (no NCC certification needed) while it remains a vehicle. | Standalone open-market renting implies development; exemptions rely on visitor/dependent status. |
| State / Territory | Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy |
|---|---|---|---|---|---|---|
| NSW | Generally not permitted without council approval. | Yes. | 2.5m wide, 4.3m high, 12.5m long (19m combined), 4.5 tonnes ATM. | 60 days/year for guests; indefinitely if occupied by a household member. | Exempt if it remains mobile and road-registrable. | Cannot be rented on the open market without a DA (must be a household member for exemption). |
| Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy | |
| VIC | Generally no. Living on private land is strictly regulated and generally prohibited without council approval. | Yes. | 2.5m wide, 4.3m high, 12.2m long, 4.5 tonnes ATM. | Varies heavily by council (often 28–60 days/year or 2 consecutive nights). | Exempt if registered and readily removable; required if un-towable. | Strictly restricted; generally only for short-term/casual stays without a DA. |
| Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy | |
| QLD | Generally not permitted without council approval. | Many councils allow them to be used temporarily or as "ancillary/incidental" structures under specific local laws. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | Some councils allow a family member or guest to temporarily live in a caravan in the backyard, as long as it remains "subordinate" to the main house (e.g., they rely on the main house for amenities like kitchens or laundry). | Exempt if registered and kept on wheels. | Highly restricted to household/subordinate use. |
| Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy | |
| WA | Yes, but typically only permitted as temporary accommodation (e.g., while building a house). | Yes. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | 5 nights per 28 days permit-free; up to 24-month renewable permits available via council. | Exempt if it remains a registrable vehicle. | Requires a 24-month permit for long-term; short stays require STRA registry. |
| Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy | |
| SA | Generally not permitted without council approval. | Yes. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | Usually 30 to 60 days/year; up to 2 years for disaster recovery. | Exempt if mobile; triggers building consent if occupied permanently. | Mostly restricted to short-term guests/ancillary use unless permitted. |
| Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy | |
| TAS | Generally not permitted without council approval. | Generally restricted. | 2.5m wide, 4.3m high, 4.5 tonnes ATM. | Max 30 days per calendar year; indefinitely if used as an ancillary room for a household member. | Exempt if road-ready and wheels remain intact. | Restricted to household members under the ancillary model. |
| Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy | |
| ACT | Generally no. | Generally restricted. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | Permitted only for short-term guests or pure storage. | Exempt from structural building approvals, but requires a DA for ongoing residential use. | Illegal to rent as a standalone home without a full DA. |
| Can be used as a primary dwelling? | Can be used as a secondary dwelling? | Maximum size and dimensions | Dwelling guidelines | Building Permit Requirements | Open-Market Renting and Tenancy | |
| NT | Generally no. Restricts accommodation to a temporary residence. | Generally restricted. | 2.5m wide, 4.3m high, 12.5m long, 4.5 tonnes ATM. | Up to 6 months for visitors; indefinitely for a dependent of the main house. | Exempt (no NCC certification needed) while it remains a vehicle. | Standalone open-market renting implies development; exemptions rely on visitor/dependent status. |
Be the first to learn about the latest updates in Australia’s tiny home sector.
For more details, read our comprehensive post on tiny house laws in NSW.
For more details, read our comprehensive post on tiny house laws in Victoria.
For more details, read our comprehensive post on tiny house laws in South Australia.
For more details, read our comprehensive post on tiny house laws in Queensland.
For more details, read our comprehensive post on tiny house laws in Western Australia.
For more details, read our comprehensive post on tiny house laws in Tasmania.
For more details, read our comprehensive post on tiny house laws in the Northern Territory.
For more details, read our comprehensive post on tiny house laws in ACT.
Be the first to learn about the latest updates in Australia’s tiny home sector.
Be the first to learn about the latest updates in Australia’s tiny home sector.
Be the first to learn about the latest updates in Australia’s tiny home sector.
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