Tiny Houses

Sections 8-9 Building Act 2004, section 8 Land Transport Act 1998

Overview of Requirements

Tiny Homes are small residential structures, often built on trailers, that have features similar to caravans or recreational vehicles. These structures can be transportable, although this is not always the case. Whether a Tiny Home is subject to the Building Act 2004, or to the Land Transport Act 1998, will depend on the characteristics and features of the structure.

Broadly speaking, if a structure is:
  • Not a vehicle AND;
  • Immovable AND;
  • Occupied long term.


Then it is subject to the Building Act 2004.
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Some of the in-depth questions to consider are:
  • Does the design enable it to be moved/relocated with relative ease?
  • Has it been moved before?
  • Could it be moved in the future?
  • Is it connected to features that would need to be deconstructed if it was to be moved such as foundations, or a deck?
  • Does it rest on wheels alone or is it self-supported?
  • Does it require a WOF?
  • Are there features common to vehicles e.g., suspension, shocks, brakes, turn signals, number plates, etc?
  • Is it connected to on site services such as water, wastewater, or electricity?


These factors are drawn from the case law, especially the recent cases of Dall and Bilsborough (see below for their full citations).

At present, there is no comprehensive legislation that deals with the status of Tiny Homes, although there is MBIE Guidance on the matter.

Refer to the flow chart (below) from page 8 of the MBIE Guidance on Tiny Homes (November 2021).
Tiny houses flow diagram
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Case Law

These are some of the leading cases in this sphere:

Marlborough District Council v Bilsborough [2020] NZDC 9962.
  • This case examines the status of a Tiny House as a building or vehicle. 
  • Distinguished the unit in question from that of Dall v MBIE [2020].


Dall v Chief Executive of Ministry of Business, Innovation and Employment [2020] NZDC 2612
  • This case dealt with a tiny house, and discussed whether it was a vehicle under the Act.


Antoun v Hutt City Council [2020] NZEnvC 6, (2020) 21 ELRNZ 595
  • This was a Tiny House case that examines the role that wheels, axles and vehicle registration play in determining what is a vehicle and what is a building.


Christchurch City Council v Smith Crane & Construction Ltd, DC Christchurch CRI-2009-009-12480, 19 February 2010
  • This case contains discussion on what is a building, including whether it must be fixed to the ground.


Thames-Coromandel District Council v Te Puru Holiday Park Ltd [2010] NZCA 633
  • This case concerns “trailerised recreational and accommodation units”, and asks the question of whether the units were immovable and occupied by people on a permanent basis in order to help determine their status as buildings.


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Previous Determinations

These Determinations can be found here on MBIE's website.

2019

2019/036: Regarding a notice to fix and whether a structure on trailers is a vehicle or a building
  • Note: ​The decision in this determination was confirmed on appeal to the District Court. See Marlborough District Council v Bilsborough [2020] NZDC 9962.
  • Concerning a notice to fix issued for two relocated units built on trailers that were relocated onto site and joined via a walkway constructed onsite, whether the structure is a building for the purposes of the Act and whether the units separately are vehicles and not buildings.

2019/017: Regarding a notice to fix and whether a structure on a trailer is a vehicle or a building
  • Note: The decisions in this determination were reversed on appeal to the District Court. See: Alan Dall v MBIE (District Court, Christchurch, 19 February 2020, CIV-2019-085-000404).
  • Whether a unit on a trailer is a building under section of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.

2018

2018/024 and 2018/025: Notice to fix and whether a structure on a trailer with wheels at is a vehicle or a building
  • Whether a structure is a building under s 8 Building Act, and whether the authority was correct to issue a notice to fix in relation to this.

2016

2016/019: Regarding the code compliance of a shed on wheels at a neighbouring property, and whether the shed is a vehicle or building
  • Definitions of building and vehicle under section 8, and whether a shed on wheels that is registered as a vehicle under the Land Transport Act is a building for the purposes of the Building Act.

2015

2015/067: A notice to fix for three prefabricated units connected together and whether the units joined together are a building or a vehicle
  • Whether a portable unit is a building for the purposes of the Building Act, if it is immovable and occupied on a permanent or long-term basis.


2015/026: Regarding the issue of a notice to fix and whether a prefabricated unit is a building or a vehicle
  • Whether the prefabricated unit is a vehicle, and whether it falls within the definition of a building under section 8, whether the relocation of the unit constituted building work and could be subject to a notice to fix.
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Older Determinations

These Determinations can be found here on MBIE's website.

2015/044: Regarding the issue of a notice to fix for a prefabricated unit and whether the unit is a building or a vehicle
2014/025: Regarding the proposal to issue a notice to fix in respect of a portable unit and whether the unit is a building or vehicle
2014/015: Regarding the compliance of a proposed barrier to be installed to a vehicle access way and hard standing area
2007/109: Whether a converted trailer is a vehicle or a building