Regarding the need for improved processes and regulations for the use of tiny homes, Sandy recently met with Noosa Council and wrote to the Deputy Premier in his role as Minister for Planning which was also cc’d to the Minister for Housing.
Sandy’s request included that state government consider the following issues:
- Approvals and requirements are impacting the affordability of these options
- Having a class of use of their own could allow for a more affordable process
- The ability to have an extended period of use instead of temporarily as is current
- Costly requirements under Building and Plumbing Acts.
The Deputy Premier’s responded with the following:
While I appreciate your advocacy for the implementation of a State-led framework for tiny homes, the Crisafulli Government is continuing to reset the planning partnership with Local Governments and is committed to empowering them to establish their own local laws to address the specific needs and preferences of their communities. Where a tiny home is on wheels and is not fixed to the land, it is regulated under the Transport Operations (Road Use Management) Act 1995 and may be regulated by Local Government local laws under the Local Government Act 2009. Currently, the regulation of tiny homes is made by Local Governments through local laws and the State Government has limited power to intervene or direct Councils in relation to operational matters.
Where a tiny home is fixed to the land as a permanent structure, it will require approvals under the Building Act 1975 (the Building Act) and plumbing and drainage approvals under the Plumbing and Drainage Act 2018. These approvals are essential to ensure that the structure meets the health and safety requirements under the legislation for both the occupants and broader community. Approvals are necessary to account for the cumulative demand placed on local infrastructure, traffic and transport, and adequate provision of utilities and amenities for the area.
The Crisafulli Government has agreed in principle to the Queensland Productivity Commission report’s recommendation 23 to commission an independent review of the Planning Act 2016 and the Building Act. This review will consider the use of consistent terminology across the acts and regulations and the removal of any ambiguities in definitions of development, building work and material change of use. This review offers an opportunity to assess the regulation of tiny homes and the information you have shared will help to shape this work.
As per the Deputy Premier’s response, the Queensland Productivity Commission finalised an inquiry into opportunities to improve the productivity of the Queensland construction industry and released their report earlier this year which is available online at https://qpc.qld.gov.au/content/inquiries/construction-productivity.html The government’s response to this report is also available at https://www.treasury.qld.gov.au/files/QPC-Construction-Industry-Response.pdf and includes the following in italics under ‘Recommendation 23 – Interaction of planning and building regulation’.
To reduce uncertainty and unnecessary regulatory impost on building design, the Queensland Government should commission an independent review of the Planning Act 2016 and the Building Act 1975 (and associated regulations) that considers:
- The hierarchy of the acts, including enabling the adoption of Recommendations 21 and 22
- The use of consistent terminology across the acts and regulations
- The removal of any ambiguities in the definitions of development, building work and material change of use
- Consistency of processes under the two acts
- Andy other interface issues identified as part of the review
This review should be led by a suitably qualified expert, undertake targeted consultation with local government, industry peak bodies and other relevant stakeholders, and be completed by the end of 2026.
We have provided this advice to Noosa Council and look forward to their feedback during the proposed review and how this may impact on the future use of tiny homes in Noosa.
We will continue to provide updates as any new information becomes available.
Further information:
For further information on current legislation and local laws please see our previous post at www.sandybolton.com/tiny-homes-qld-legislation-and-local-laws-may-2024
To contact Noosa Council regarding local laws and regulations relating to Tiny Homes, please email mail@noosa.qld.gov.au
For anyone wishing to advocate directly with the Deputy Premier, you can do so via deputy.premier@ministerial.qld.gov.au