Tiny House Resource Centre

The Term Tiny house on wheels – THOW commonly refers to a tiny home that has been built on a trailer and is considered mobile.  There is no particularly clear definition in law and this often leads to confusion and misunderstanding.  Different agencies apply different definitions and this leads to confusion when interpretating the building rules and regulations

Our Tiny Homes all come on wheels and we consider them to be moveable vehicles and if they are not connected to services we do not believe they require building consents.  Our reason for adopting this view is because a building consent is only required for “building work”.  To determine what is “building” work looked to Section 8 of the building act which defines what “building” means:

8 Building: what it means and includes:

• In this Act, unless the context otherwise requires, building
  1. Means a temporary or permanent movable or immovable structure including a structure intended for occupation by people, animals, machinery, or chattels; and
  2. Includes

(iii) a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or long-term basis; 

To unpack this and make the definition easier to understand we replaced the terms vehicle or motor vehicle in the above definition with the actual wording from section 2(1) of the Land Transport Act 1998.  And when we did this the definition now reads as follows (see replaced text in italics)

8 Building: what it means and includes:

• In this Act, unless the context otherwise requires, building
  1. Means a temporary or permanent movable or immovable structure including a structure intended for occupation by people, animals, machinery, or chattels; and
  2. Includes

(iii) a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved…or (a) road vehicle drawn or propelled by mechanical power; and (b) includes a trailer that is immovable and is occupied by people on a permanent or long-term basis; 

In actual words a trailer which is a tiny home on wheels (THOW) is only a building if it is immovable AND occupied by people on a permanent or long-term basis.

Therefore a Tiny house on wheels (THOW) is only a building if it meets both of these two criteria. 

Our interpretation aligns with the guidance published by the Ministry for Business, Innovation and Employment (MBIE) who provide overall leadership to the building sector and is the central regulator.

The Ministry for Business, Innovation and Employment issued guidance to assist in determining whether a tiny house should be considered a building and need a consent can be read by clicking on this link.  While the guidance document should be read in its detail see below for the flowchart from page 8 of the guidance document outlining the key questions to be determined in reaching a conclusion.

The principles of this were further upheld in the decision of the District Court in Allan Dall vs Ministry of Business, Innovation and Employment.  See link here to the decision.

The Judge in this decision went on to consider many variables (which would vary with each particular unit) in determining if the tiny home in this case met the definition of moveable.  In reading the summary it essentially seems to say that a self contained tiny home with the genuine attributes of a trailer would be considered moveable and thus would not meet the definition of a building under Section 8 of the building act.  The judge concluding as follows:

“The unit is a “vehicle” and is not “immovable.  It is therefore not a “building” in terms of S8 of the Act”

It is the role of councils to interpret and enforce the principals of the building act and follow the guidance set out by MBIE.  Some councils have in the past challenged the interpretation of a Tiny houses on wheels as a vehicle, thus requiring building consent compliance from the owners of Tiny Homes on Wheels.  The Tiny home community are hopeful that with the latest ruling above and the clarity it brings it will mean this is now something of the past.

The courts, as noted in our first article in the NZ4U2U Tiny House resource centre, clearly sets out the legal guidelines for determining matters surrounding Tiny Homes.  Summarising the article above, the key issues of contention in determining if a tiny house is a building are: does it meet the definition of a vehicle and is it BOTH immovable and occupied on a permanent basis.

The Ministry for Building, Innovation and Employment (MBIE) has published the following flowchart which gives broad guidance in determining if a Tiny Home is a vehicle or a building.

In helping to reach a decision whether a unit is a vehicle or a building.  Many factors are considered and not all need to be met but it is ideal if the units meets as many as possible.

Primarily

• Is it a vehicle?
  • • Does it meet the definition of vehicle in the Land Transport Act?
    • Are the wheels permanently attached and operational?
    • Is the unit able to solely rest on its wheels?
    • Does it have the characteristics of a vehicle, axles, wheels, brakes, lights, towbar, suspension, number plates
    • Can it be towed on the road?
    • Does it have current registration and/or WOF?
• Is it moveable?
  • • How do it get to site?
    • Can it be moved easily again?
    • How long does it take to get it ready to move?
    • Has it been designed with movability in mind?
    • Is it permanently connected to the site?
    • Is it permanently connected to other structures at the site?
• Is it occupied on a permanent basis
  • • Is there an end date to the occupation?
    • How often is it occupied?
    • Is it the sole residential address?
    • What future plans exist for the unit?

MBIE have issued the following determinations which can prove useful in understanding the background to decisions made by councils and MBIE.  It always pays to remember, Councils and MBIE must comply with courts who hold the higher authority.  The councils and MBIE do not always get it right as we can be seen in the decisions of the courts.

• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2025/2025-013.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2021/2021-022.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2019/2019-036.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2018/2018-027.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2018/2018-025.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2018/2018-024.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2016/2016-019.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2015/2015-067.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2015/2015-044.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2015/2015-026.pdf
• https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2015/2015-025.pdf

The Ministry for the Environment have overall responsibility for the RMA.  On their website they define the role of the Resource Management System as follows: “the resource management system governs how people interact with natural resources. As well as managing air, soil, freshwater and the coastal marine area, laws like the Resource Management Act 1991 (RMA) regulate land use and the provision of infrastructure. People can use natural resources if it’s allowed under the RMA or permitted by a resource consent.”

The Resource Management Act 1991 differs from the Building act 2004.  The regional plan can define when you need to get a resource consent or councils using the powers assigned in the RMA set their own regulatory requirements via local District Plans.  Regulations covered by the RMA tend to relate to the environmental impact such as can you have a second dwelling on the land, how far from the boundary can a dwelling be sited, what are the waste water requirements, and any environmental protections/restrictions relaing to the site.

A tiny house can be considered a structure under the Resource Management Act 1991 and require compliance.  To determine if a tiny house falls within the definitions in the RMA it is first determined if it meets the criteria of a vehicle and if not, and then if it fits the definition of a structure.

From our review It seems to NZ4U2U Tiny Homes that similar criteria are used to determine if a Tiny House meets the definition of a vehicle under the RMA to that in determining if a Tiny House is a vehicle under the Building Act.  See our article in the NZ4U2U Tiny Home Resource Centre on; Is my THOW a vehicle or a building?

Section 2 of the RMA defines structure as “…any building, equipment, device or other facility made by people and which is fixed to land”

Judge Dwyer considered this matter in the Fadi Antoun v Hutt City Council.  In summary the Tiny House in dispute was a two storey unit that was 3.2m wide, 4.5m high and 8m long and it was intended that it when completed would have a bathroom, kitchen, laundry and living areas with an upstairs bedroom and would be connected to services.

The Judge determined the tiny house was not a vehicle primarily because the axles and wheels were unconnected and although it was registered there was no evidence it was a road worthy vehicle.

The Judge then went on to decide the Tiny House was a structure because:

• • • Intention to connect to services,
    • Designed for permanent occupation
    • Constructed to attach to the land
    • Was not a vehicle and could not be converted to a vehicle

The  warning NZ4U2U Tiny homes would like to highlight is that the Resource Management Act 1991 requirements for structure could apply to your Tiny Home.  It may be that you do not need a building consent but it could be possible you could be given notice to fix by the council if you are in contravention of the RMA.

If you wish to understand more about the Resource Management System click Understanding the RMA

In Thames Coromandel District Council vs Te Puru Holiday Park 2011 the Court of Appeal considered section 8(1)(b)(iii) of the Building Act 2004 in determining whether a Tiny House was considered a building by examining whether the buildings were immoveable and occupied by some person on a permanent or long term basis.

 As noted in our article above, Is your THOW a building or a vehicle? Section 8 of the building act provides specific examples of structures categorised as buildings. The relevant definition to THOW  owners is contained in section 8(1)(b)(iii), which defines a building as ‘a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or long-term basis’.

Two separate units were considered in this case and provide some insight into how the courts consider individual units and cojoined units.

The first THOW in this case consisted of two units cojoined. The towbars for the unit had been removed, it sat on concrete blocks and packers, slatted screens had been installed between the floor and ground level, it was connected to power and water and it was plumbed.   

The unit was described by the courts as “a duplex; it comprises two… units locked together to form a single dwelling” and the courts considered this to be a building within the definition contained in the Building Act 2004.  The rational behind the decision was that the unit was considered a building because essentially if the units are locked together they create a new structure separate from the originally “claimed vehicles”.  There is nothing to suggest the new structure could move or be moved on the road.

At NZ4U2U Tiny Homes we believe it is important to understand that cojoining any two structures is likely to result in a structure that will require a building consent.

The 2nd THOW was also not considered a building because the units had no suspension, no brakes, no WOF, it could not have been towed without a permit because it was over width, and the wheels were bolted to the hubs with some wheels not touching the ground because the units were sitting on concrete blocks with timber packers.  Further the THOW was plumbed, occupied on a permanent basis and could not be moved without a lot of modification for towing.

It is noted that the consideration of the second unit while an early decison in the courts from 2011 was considered by the courts in the more recent case of Dall vs MBIE as discussed in our first article in the NZ4U2U Tiny Home resource centre on: Is your Tiny House a vehicle or a building? and where further clarity was given to the matter.

The Western Bay Council recently published an Internal Policy for assessing tiny home type structures.  They are leading the way in giving some clarity in this area of Tiny Homes.  NZ4U2U applaud the steps they have taken and are hopeful other councils will follow suit.

The commons sense approach taking by the council gives clear guidance and supports the tiny home community’s call to leave tiny homes out of the bureaucratic building consent process.  Essentially a tiny home on wheels that is not attached to the ground is considered a tiny home even if it were attached to services as long as certain requirements were met.

Sewer connections to council services typically require the completion of a partial building consent, in the form of a application for connection to sewer or a Notice of Acceptance.  Each council has a different process for handling plumbing connection applications for Tiny Homes and we recommend consulting with your council if you wish to connect to council services.  Most applications will require details such as the legal property address, Certificate of Title, property owners details, applicable RMA requirements and site plans.  Councils charge a fee for this application and require installation via an appropriately certified/qualified plumber/drainlayer and inspections visits by the council.

See below for Application forms to connect to the following Councils Sewer Network

• • Waimakarri Council
  • Selwyn Council
  • Huruni Council

Going further afield the Spring Creek Holiday Park near Blenheim won assurance from the Marlborough District Council that no consents were required for a Tiny Home wishing to park and connect to plumbing and electricity using detachable power and sewerage links.  If the Tiny Home owner wanted a more permanent connection, a registered plumber or drainlayer would have to complete the installation. 

Alternatively, there are a number of methods for disposing of sewer and waste water.  Composting, cassette, incinerator, chemical, dry or waterless toilets provide options that do not require connection to council services.  Many composting or waterless toilets look similar to your traditional sewer connected toilet.  At NZ4U2U Tiny Homes we have experience with a variety of different options.

Waste water can also be disposed of directly to an existing septic tank if the consent provisions for the septic tank have been met.

Water can typically be connected using a hose to an existing normal house supply, much as you would a caravan.  Care needs to be taken to install a water restriction device if the water pressure is too high.  This can happen when the water supply comes directly from a well.  This does not require a consent.

Electricity can typically be connected either via an adapter and plugged into an existing normal house supply or directly to a caravan outlet, much as you would a caravan.  Either does not require a consent.  If you connect to a normal existing 3 pin house supply your NZ4U2U Tiny House is restricted to a 10amp supply.  This can mean caution needs to be used when using multiple electrical appliances.  It will likely mean you cannot have your heater, oven, toaster and electric jug all operating at the same time.  If you chose to connect to a 16amp caravan outlet, then clearly you will be able to operate more appliances at one time as you have a larger 16amp supply.  Your electrician can upgrade you from a 10amp house supply by installing a 16amp caravan outlet.

 Proposed changes to building consent requirements for minor residential units

The proposed changes may not make as much difference as it sounds.  While the need for a full building consent is removed and also the need for a full set of drawings, the dwelling still must be built by an LBP qualified tradesmen to a standard that complies with the building code and a reduced set of drawings must be provided.

The need for the full building consent will be replaced by ‘another application”, which has not yet been detailed but for which the council will rightfully charge a fee.  All building owners will be required to notify the council of their intention to build via a request for a Project Memorandum PIM.  Owners must notify the council once the work has been completed and notify of any work which varied from that which was planned.

The build process will certainly be streamlined because there is no need for building inspections.  However, the downside is that the risk of the build will effectively sit with the builder and designer and home owner who will effectively assume the role and responsibilities of the council.

Details regarding any changes to the Record of work (ROW) and Certificate of work (COW) and energy work certificate are yet to emerge although it is proposed a new Record of Work (ROW) for plumbing and drainlaying be established.

An infrastructure charge or development contribution can be charged by the council under the proposed changes.

It is unclear until the finalisation of the change of the extent to which these “minor residential units” will still be subject to the requirements of the Resource Management Act (RMA).  It is likely that there will be some compliance required such as position, building height. At present councils apply the RMA according to their own district plans which can mean variations across the country.

In summary here at NZ4U2U tiny homes we wonder if in fact that the changes will then bring about any significant reduction in costs because the extra risk passed to the builder and designer is likely to find its way into their fees.

More detail on the changes can be found here

There is no official definition of what comprises a trailer, although it is commonly accepted it would have axles and wheels, brakes and lights and would be registered.

If it is to be towed on the road as a trailer it should also be warranted and be roadworthy at the time of towing as outlined in the Land Transport Act 1998.

Not all trailers are towed on the road in a traditional sense and require full registration and WOF.  For example NZ4U2U tiny homes reference the following fact sheet from the NZTA showing a trailer can be exempt under Class B miscellaneous  from requiring a WOF as long as it is meets certain criteria and is being towed by a tractor at less than 40km per hour.   Further details regarding agriculture vehicles are contained here  In NZTA Agricultural vehicles guide.

The Land Transport Act 1998 outlines the following rules for trailers that are towed on the road.

• A light simple trailer
  • cannot exceed 12.5 m in length (including the draw bar) and cannot be wider than 2.55m wide and must not exceed 4.3m in height and under 3500kg.
  • If the trailer is over 3500kg it must be transported as a load on another vehicle such as a car transporter.
  • If the trailer is over 2.55m in width it must be transported as a load on another vehicle such as a car transporter.
• A heavy rigid trailer
  • cannot exceed 12.5 m in length (including the draw bar) and cannot be wider than 2.55m wide and must not exceed 4.3m in height and under 39 tonnes refer Factsheet 13c from NZTA.
  • If the trailer is over 3500kg it must be transported as a load on another vehicle such as a car transporter.
  • If the trailer is over 2.55m in width it must be transported as a load on another vehicle such as a car transporter.
• Overwidth Load on a trailer
  • If the trailer is over 2.55m in width and less than 3.1m wide it must be transported on a heavy rigid trailer or vehicle licenced to carry and over width load. Additionally there are some restrictions on travel times and the display of hazard flags.
  • If the trailer is over 3.1m in width the other vehicle carrying the load will require a pilot vehicle. Additionally, there are restrictions on travel times and the requirements for the other vehicle to meet warning and hazard signage.
• Loads over 4.3m  cannot be transported on motorways and there are restrictions on where the load can go due to the presence of hazards such as bridges and power lines.  The transporting company will be familiar with the requirements.

NZ4U2U tiny homes come on trailers which are 3.05 wide and therefore need to be transported on a transporter but do not require a pilot vehicle.  We believe the extra costs associated with moving your trailer like this on the odd occasion you need to are well outweighed by the benefits of the extra width in the tiny home from a liveability perspective.

Our NZ4U2U tiny homes come registered either as farm huts or caravans depending on requirements and can come with or without WOF.

Just note if you choose a light simple trailer of 2.55m in order to tow it on the road, once the original WOF has expired at the end of the first 3 years you will need to take your Tiny Home down to a testing station to have it renewed. The logistics of this can be expensive and difficult to overcome not to mention finding a testing station that has the facilities to do this and the difficulties that might need to be overcome if it fails.