Building or vehicle, what is a tiny home?
Abuilding or a vehicle? It’s a question that owners of tiny houses, councils and courts are wrangling over, as small, movable dwellings are increasingly becoming an option for Kiwi house hunters.
From Motueka’s Nick Hughes – who has argued that his dwelling is closer to a caravan than a building – to Lower Hutt’s Jono Voss – whose case regarding his NZ Transport Agency-registered tiny home is heading to the Environment Court – they’re also getting their fair share of media attention too.
The tiny homes hitting the headlines tend to be ones built on wheels and don’t have connections to power, water and waste services. Sections of the tiny house community argue they are technically vehicles and don’t need building consents.
One landmark determination, upheld in favour of the Hurunui District Council, is being appealed. Alan Dall, who built a caravan on his own land in Amberley, is awaiting a court date to appeal the Ministry of Business, Innovation and Employment (MBIE)’s determination that his offgrid structure is a building.
Selwyn mayor Sam Broughton is himself a former tiny home dweller, having lived in one as a temporary measure while he built a house.
‘‘I built the hut myself about six years ago and we ended up in it for a few years while we were going through the process of building our home,’’ he said.
‘‘At the time we didn’t seek information about building consents as we only planned to be there temporarily.’’
Broughton supported moves to get clarity from MBIE, ‘‘which will help councils and residents understand where tiny homes fit’’.
Charlotte Murray went public in late October over concerns the Selwyn District Council considered her house bus to be a building, but said there were many others too afraid to speak out because they did not want to draw attention to their situations.
Murray said the council needed to sit down with tiny home owners to come up with a solution.
‘‘I call on the mayor to turn and face this issue – to remember what it felt like to have the opportunity to live tiny because you needed to.
‘‘To ... ensure people who either choose to go tiny, or need to go tiny, can feel safe in their choice knowing council is on their side.
‘‘Be the council who revolutionise sustainable living, who put vulnerable people first.’’
The Trade Association of Pod Manufacturers (PODA), which formed this year, believes local councils are acting outside their jurisdiction when it comes to regulating tiny homes.
It supports those building tiny homes and is lobbying regulators for simple rules that it says will not stifle innovation with too much red tape.
PODA executive director Claude Lewenz issued a statement last week after a six-month battle helping tiny home owners live within their means and without local council interference.
‘‘Mobile trailer homes have provided permanent housing in New Zealand for decades, and more recently have been popularised by the tiny home movement,’’ Lewenz said.
The growing popularity of the tiny movement is prompting councils to bring them under the remit of building regulations in the Resource Management Act (RMA) and Building Act.
Under the RMA, structures – including buildings – are defined as being ‘‘fixed to land’’.
Lewenz said confusion was arising over how different authorities were interpreting whether a structure was deemed ‘‘fixed to land’’ and ‘‘immovable’’. ‘‘Movable is different than mobile. ‘‘A prefab module is designed to be movable, a mobile trailer home is designed to be mobile.’’
Trailer homes were not ‘‘real property’’ (fixed to land and annexed to title), but were chattel personal, which was why both the Building Act and Resource Management Act excluded them, he said.
Around the country, councils are wrangling with the vehicle vs building debate, working on a case-by-case basis. A spokeswoman for Wellington City Council said the council was closely following the debate and would follow MBIE’s guidance and take advice from planners regarding RMA issues.
Background information provided from Auckland Council showed how its officers examined each tiny house case to see if consents were required. While all building work – including buildings on wheels – need to comply with the Building Code, MBIE has produced an exemption guide for instances where consents are not required. Included in these exemptions are ‘‘small, single storey, detached buildings’’ which must be less than 10 square metres and contain no sanitary fixtures such as taps or toilets.
Building consultant Alan Light said councils were issuing tiny home owners notices to fix, which unfairly accused them of trying to circumvent the Building Act.
‘‘The tiny home intention is temporary occupation and when the time is right [it] is moved to a new home. It allows for accommodation without punitive cost of land or ownership of land.
‘‘Buildings on the other hand are intended to be permanent and fixed to the land and sold and mortgaged with that title in the name of the owner.’’
Minister for Building and Construction Jenny Salesa was supportive of tiny homes, saying they were a good solution to the current demand for housing.
‘‘However, some tiny house builders and owners appear to be claiming that their homes are vehicles, possibly in an attempt to get around the Building Code.’’
MBIE acting determinations manager Peta Hird said MBIE made determinations on technical and legal disputes within the limitations of the Building Act 2004 – most of the disputes end up focusing on whether any building work undertaken complies with the building code.
Selwyn District Council environmental and regulatory services manager Tim Harris said the council was working with tiny home owners to make sure their structures were ‘‘safe and are connected to council services where appropriate’’.
‘‘We are trying to minimise costs and would urge tiny home owners to come into the council and talk to us so we can achieve an outcome that is favourable for all.’’
‘‘At the time we didn’t seek information about building consents as we only planned to be there temporarily.’’