Tiny House on

Wheels -

Council Guide
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As tiny houses have become more
Sleepouts and Cabins Without

popular over the last few years, the

Sanitary Facilities
Ministry of Business, Innovation and

Employment (MBIE) has released the

For the purpose of this document we

Tiny House Guidance for the Building

define a tiny house on wheels as one

Act 2004 to provide more clarity and

that includes sanitary facilities like a

guidance for both the tiny house

bathroom and kitchen. If neither are

community and local councils. In this

part of your tiny house, it might well be

document, MBIE provides guidance to

exempted from the Building Act

help determine if a tiny house is a

regardless of whether it is a vehicle or

building or a vehicle – or both, and if it is

not. It’s recommended you read MBIE’s

considered a building what regulations

Tiny House Guidance for the Building

apply. Act 2004 for more information on this.

Read the full guidelines here.

Will your THOW meet the definition

https://www.building.govt.nz/assets/Upl
of a vehicle?
oads/getting-started/tiny-houses/tiny-
houses-guidance-mbie.pdf As a first step, you have to make sure

your tiny house can be categorised as a

It’s important to understand that MBIE vehicle.

provides guidance only with this
The definition of a vehicle or motor

document. It’s not the law and local

vehicle is defined in Section 2(1) of the

councils can interpret, apply and change

Land Transport Act 1998. This is:
these guidelines by making

amendments to the definition of a

A vehicle includes any contrivance

building under their district plans.

equipped with wheels, tracks, or

However, the hope is that most councils

revolving runners on which it moves

will follow that advice given by MBIE. or is moved.

This Tiny House Hub resource aims to

A motor vehicle means a vehicle

help you understand the implication of

drawn or propelled by mechanical

the MBIE guidelines, to determine how

power and includes a trailer.
your tiny on wheels fits into all of this,

and how you can give yourself the best

This means: If your tiny house is built on

chances of your tiny house on wheels

a trailer (whether that is a light simple

NOT being considered a building by

trailer of a heavy rigid trailer) and

ensuring it meets the definition of a

remains on that trailer while parked up,

vehicle and is movable. it is considered a vehicle according to

© Tiny House Hub 2021 www.tinyhousehub.co.nz

 the Land Transport Act. The tiny house
after all. However, as so often when it

can be removed from its trailer for

comes to government and council

transport on public roads, as long as it is

regulations, it’s not quite that simple.

put back onto the trailer at the new

There are a number of things that could

location. give a council inspector reason to argue

If your tiny house does not meet the

your tiny house on wheels is not, in fact,

above vehicle criteria and has a

easily movable.
bathroom and/or kitchen, it will most

likely be considered a building.

Therefore, as you plan your build and

However, it’s worth noting that even if

how you will live in your tiny house, it’s

your tiny house does fit within this

important to keep it as moveable as

vehicle definition, it can still be a

possible. Here are some guidelines we

building as well, since a tiny house can

have put together you might want to

be a vehicle and a building. So next, you

consider:
need to make sure your tiny does not

get classified as a building. Keep your tiny house on its trailer

when parked up on land. If your tiny

Ensuring Your Tiny house on wheels

house cannot be transported on its

is ‘Moveable’ own trailer on public roads due to

being overweight, it should be put

If the tiny house fits within the definition

back onto its own trailer as soon as

of a vehicle or motor vehicle, the

it is moved into the land.
deciding question is whether the tiny is

immovable and occupied by people on

Ensure your tiny house trailer has

a permanent or long-term basis. Note

features common to vehicles, such

that and is the critical word here.

as suspension, shocks, springs,

Essentially, what this means is that, as

brakes, brake lights, turn signals and

long as it’s easily movable, a tiny house

number plates.
on wheels would NOT be considered a

building, regardless of whether you live

Make sure the tiny house trailer has

in it permanently or temporarily.
a WOF/COF or could pass a

Therefore, you will want to ensure that

WOF/COF test again.
your tiny is considered moveable at all

times. Do not permanently connect your

tiny to onsite services such as water,

It can be easy to assume that any tiny

wastewater, electricity. If you

house that is built on wheels would be

connect to those services, make

considered moveable – it’s on wheels sure it can easily be disconnected.

© Tiny House Hub 2021 www.tinyhousehub.co.nz

 Do not add any permanent
movable. If you would like to have a roof

foundations. The tiny house should

over your deck to have an outdoor

rest on its wheels or be otherwise

space that’s dry even in the rain,

self-supported. Please note that

consider installing a flashing to the side

some insurance companies won’t

of the tiny house that sits above the

cover you under their caravan policy

roof of your deck to direct the water

if the tiny house is blocked? For

onto the roof instead of it running down

example, the wheels taken off or the

the side of the tiny house.
wheels not resting on the ground?
Building Consents for Decks,

Make sure your tiny house is not

Verandas and Porches
permanently connected to features
Regardless of whether you build a deck,

that would need to be

veranda or porch for a tiny house, a

deconstructed if it was to be moved,

normal house or on land without any

for example, a deck, veranda,

other structure, make sure you check

foundations, or walkways. when you might need a building

consent and what regulations you might

Decks, Verandas, Porches have to follow. Click on the links below

to learn more.
Many tiny house owners like to add

decks to their tiny house on wheels to

Decks, platforms, bridges, boardwalks
create extra living space. However,
Porches and verandas up to 20 sqm
some councils argue that fixing these

types of structures to a tiny house can

Check with Your Local Council
then make it become immovable and,

hence, a building. Therefore, if you plan

Unfortunately, even with the new MBIE

to add a deck, veranda, porch or similar

guidelines, there are no nationwide

structure, make sure it’s not

fixed rules around exactly when a tiny

permanently attached to the tiny house. house is or isn’t a building. MBIE’s Tiny

It is best to build your deck or similar

House Guidance for the Building Act

structure completely standalone and

2004 are, as the name suggests,

then simply park your tiny as close to is

guidelines only and not the law. They

as possible – without any permanent

also do leave some room for

fixtures connecting the structure to the

interpretation – for example the act

tiny house. Some tiny house owners

does not clearly define what exactly is

have built their deck on a second trailer

‘easily moveable’. In addition, councils

which is a great option if you want both

can legally make their own rules and

the tiny house and the deck to be easily enforce those. For example,

© Tiny House Hub 2021 www.tinyhousehub.co.nz

 Queenstown Lakes District Council has
structures like decks (even if they don’t

amended their definition of a building in

need building consent) to ensure the

their district plan to include; proposed building work does not have

any district planning implications, such

Any vehicle, trailer, tent, marquee, shipping

as maximum site coverage, yard or

container, caravan or boat, whether fixed

setback requirements, daylight access

or moveable, used on a site for a

planes and permitted activities.
residential accommodation unit for a

period exceeding 2 months. A resource consent may be required,

and it is important that you obtain this

As a result of this, a tiny house would be

before starting any building work.
considered a building in the

Queenstown Region if someone is living

In Summary
in it for more than two months –

regardless of whether it is moveable or

The legal situation around tiny houses in

not. New Zealand can seem confusing and

overwhelming sometimes.
If you want to be on the safe side, it’s

always a good idea to check with the

However, the new guidelines from MBIE

council in your specific area. are an excellent first step towards

creating clarity for tiny house builders

The new MBIE guidelines are a good

and owners as well as councils.
starting point and you might want to

bring them into the conversation with

In addition, we hope that this and other

the local council to make sure they are

Tiny House Hub resources will help you

aware. You could, for example, ask them

be well-informed and make the right

if they will follow those guidelines or if

decision based on your situation, goals

other regulations apply. and location.

When you do seek some clarification

from your council ensure all

communication is in writing so if you

end up with issues in the future, you

have evidence of any previous

communication.

It’s also a good idea to check with

council before you build any additional

© Tiny House Hub 2021 www.tinyhousehub.co.nz