Tiny Houses
The term tiny house is not defined in either the Building Act (the Act) or the Building Regulations. A tiny house may be a building in terms of section 8 of the Act providing certain criteria are met.
Some people also refer to tiny houses as tiny homes, compact dwellings, detached standalone dwelling, tiny houses on wheels, or have their own interpretations of what tiny houses are.
MBIE determination 2015/026 concludes the following as to when vehicles will be treated as buildings:
- If something is a vehicle, and it is immovable and occupied by people on a permanent or long-term basis it will be treated as a building.
- If something is not a vehicle, the question of whether it is to be treated as a building will fall to be considered under the main definition of building in section 8(1)(a) of the Act.
- If a person claims something is not subject to the Act because it is a vehicle, they must be able to establish it as a vehicle or motor vehicle, and that it is movable or that it is not occupied by people on a long-term basis.
For a vehicle, the basic minimum is that it should have wheels, tow bar and registration and must meet the definition of a vehicle as per in section 8(1)(b) of the Act and Section 2(1) of the Land Transport Act.
For further information on Tiny Houses please refer to:
- The Building Act 2004 - sections 8(1)(a) and 8(1)(b)
- Land Transport Act 1998 - section 2(1)
- The Building Regulations 1992
- MBIE Guidance - Getting Started - Tiny Homes
- MBIE Determination 2015/026
- MBIE Determination 2017/067
Containers
A “building” is defined in section 8 of the Act as “a temporary or permanent, movable or immovable structure” and includes structures intended for occupation by people, animals, machinery, or chattels.
A container can fit into this definition and can hence be a building. Furthermore, Section 9 of the Act defines what a building does not include, with Section 9(g) including “containers as defined in regulations made under the Health and Safety Work Act 2015”
Section 3(1) of the Health and Safety at Work (Hazardous Substances) Regulation 2017[1] sets out the definition as:
"Container means any receptable, whether movable or fixed, in which hazardous substances or gases under pressure may be encased, covered, enclosed, contained, or packaged"
Please refer to further information on Containers below:
- The Land Transport Act 1998
- MBIE Determination 2017/067
- Health and Safety at Work (Hazardous Substances) Regulations 2017
