rules and regs
IS IT A HOUSE OR A VEHICLE?
There is no legal definition for the size of a tiny house, but most are between 20 and 40 square metres. The minimum for a conventionally-built home is 40 square metres. Developers recently had to redesign six Kiwibuild studio apartments of 39.2 square metres that were too small for banks to lend on.
Under the Building Act, a load on a trailer, which is mobile, is not deemed a building and is therefore exempt from the building code and council laws relating to buildings. As soon as a tiny house on wheels is permanent (for example, has foundations or has its wheels removed) building consent rules apply. For information about disputes over whether a structure is a building or a vehicle, go to the Ministry of Business, Innovation and Employment site, building.govt.nz
RULES FOR TINY HOUSES ON TRAILERS
NZTA rules relating to houses on trailers govern such things as the size and weight. Anything over 3.1 metres wide will need pilot vehicles, and there will be restrictions on roads, motorways, toll gates etc.
Tiny houses on trailers less than 3.1 metres wide, 12.5 metres long (from the back of the trailer to the tip of the drawbar) and 4.3 metres high may travel without NZTA consent unless there are issues to do with the route they take or the time traveling.
Most legal tiny houses are built on a “light simple trailer” as defined by NZTA. The weight for loads on light simple trailers must not be more than 3.5 tonnes all up. For trailer regulations, see sections 13D and 53A of the Land Transport rules: nzta.govt.nz
For an interpretation of those rules in relation to tiny houses also see Nathan Orr’s Facebook page: facebook.com/tinyhousetalknz
BUILDING CONSENTS
As long as a tiny house remains a vehicle, and it stays either mobile or is not used long term, then a building consent is not needed. When building work that requires a building consent takes place, that consent must be obtained before the work starts.
LOCAL BODY VARIATIONS
Different councils have different regulations in respect to tiny homes. Some tiny-house owners report they have received contradictory advice from within the same council, often due to varying interpretations of district plans by employees.
The regulations are there for good reasons, to ensure current and future needs of a district are met, and that surrounding environments are safe for inhabitants. For these reasons, councils often make decisions case by case.
There may also be restrictive covenants related to the size and look of a house. Developers use covenants to specify minimum house sizes because bigger homes result in higher profit margins.
RULES FOR RENTING LAND
Again, different councils have different regulations depending on how long the land is rented for, zoning, covenants, council bylaws and other issues. Check with the appropriate council before discussing rent/lease agreements with a landowner. A legally binding contract with the landowner to cover terms of the deal is also required.
RULES AROUND WASTE AND WATER
Most tiny houses use some form of composting toilet, so black water (which contains human manure) is not an issue. Composting toilets usually have a bucket that can be emptied into a drum in another location where it may be left for a couple of years. Technically, it only needs to be left for six months before all the negative bacteria is killed off and it can be used as normal compost.
Some systems separate urine and solid waste. They may have a container reservoir that is emptied, or they may be plumbed into a urine diverter pipe that enters the grey-water system from other parts of the house, such as the shower.
Grey water may be dealt with through flax filtration beds or systems that add water for dilution, so it can be used on the garden. Soak holes can also be used to deal with grey water, but before digging one, check regional consenting obligations.
What can be done with water depends on the council, the site, the systems in or around the tiny house, and the people using it.
Some composting toilets are only suitable for a certain number of uses per day. If there is a family, a different system may be required.
For water supply, some tiny houses use tanks that collect rainwater from the roof; others plug into garden hoses from nearby homes.