Important information when considering ‘ancillary dwellings’
Studio pods, tiny homes or ‘granny flats’ can provide a great solution to easily add to the habitable space on your property, or even to provide a cost-effective independent dwelling. This includes new structures, pods or containers that may be detached from your primary dwelling that provide additional space, such as for a home office, rumpus room, art studio or sleep-out. However, building laws do apply to these structures.
The Building Act 2016 requires that all building work in Tasmania, including the construction of an ancillary dwelling, must comply with the Building Act 2016 and the National Construction Code (NCC). Failure to comply with the Act or the NCC may result in the building work or pod installation being deemed illegal building work. The local council may subject the work to a compliance and rectification order or an order for demolition at your cost.
Tiny homes, studio container pods and ‘granny flats’ are all considered ‘habitable buildings’ regardless of whether or not they are used for sleeping or permanent living. All new habitable buildings are, at a minimum, Notifiable Building Work. This means that they need to be designed by a licensed designer, approved by a licensed building surveyor, built by a licensed builder and a licensed plumber if plumbing work is required.
These requirements exist to ensure that the building or container pod is safe, compliant and fit for occupation.
Exclusions
What about structures on wheels? If a structure is built with wheels (e.g. a caravan or a trailer) and is capable of being registered as a vehicle by the Tasmanian Motor Vehicle Registry at the Department of State Growth, it is not considered a building, so the requirements for building approval do not apply. However, there may still be planning matters to consider, so you will need to contact your local council prior to proceeding.
What about containers or pods used as sheds, storage sheds or workshops?
Containers or pods used solely for storage or as a workshop (such as a woodworking shed) may be classed non-habitable and categorised as Low Risk Building Work, and therefore would not be subject to the same controls listed above. However, this is dependent on the use, materials, height and other conditions, so you should consult a building surveyor or local council to be certain.