New Mexico Tiny House Builders

Are Tiny Houses On Foundation Legal In New Mexico?

Yes! New Mexico uses Appendix Q across the entire state, effective January 15, 2018. It defers to Appendix Q from the 2018 International Residential Code when it comes to tiny houses on foundation. Appendix Q is applicable to tiny houses used as single-dwelling units. The appendix loosens some various requirements within the general code as they apply to houses that are 400 square feet or less.

Here are some of the regulations worth noting:

• Habitable space and hallways in tiny houses shall have a ceiling height of not less than 6 feet 8 inches.
• Bathrooms, toilet rooms, and kitchens shall have a ceiling height of not less than 6 feet 4 inches. Obstructions such as beams, girders, ducts, and lighting shall not extend below the minimum ceiling heights mentioned above.
• Lofts may have ceiling heights less than 6 feet 8 inches.
• Lofts shall have a floor area of not less than 35 square feet and shall not be less than 5 feet in any horizontal dimension.
• The loft guards shall be located along the open side of the lofts.
• Loft guards shall not be less than 36 inches in height or one-half of the clear height to the ceiling, whichever is less.
• Tiny houses shall meet the requirements of Section R310 in the One-and-Two-Family Dwelling Building Code for Emergency Escape and Rescue Openings.
• In lofts used as sleeping rooms, egress roof access windows shall be deemed to meet the requirements of Section R310.
• Windows shall be installed such that the bottom of the opening is not more than 44 inches above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of Section R310.2.1.

Defer to Appendix Q to parse through the additional regulations that may be applicable to your tiny home.

Are Tiny Houses On Wheels Legal In New Mexico?

In New Mexico, it honestly depends on which city or county you reside in whether or not you’re able to live full time in your tiny house on wheels. Some cities allow tiny homes on wheels with permits, some classify THOWs as recreational vehicles through the state, and some do not allow tiny houses on wheels at all.

The best way to understand the laws for tiny houses on wheels in your city or county is to call or email your local municipality. Your representatives should be able to tell you the exact laws and restrictions for mobile tiny homes in the city or county that you live in.

Tiny House Laws in Key Nevada Counties: Local Zoning Ordinances

The counties in the state of New Mexico have a lot of room for variation when it comes to its building laws.

Bernalillo County, New Mexico

In Bernalillo County, New Mexico, converting a tiny house on wheels into a legal dwelling with a certificate of occupancy is possible. You will need a permit to anchor the tiny home to some kind of foundation. In order to live in a tiny house on wheels in Bernalillo County, your tiny house must be built to residential code standards, as well as the ANSI codes for RVs.

Hidalgo County, New Mexico

In Hidalgo County, New Mexico, and specifically in the city of Rodeo, tiny homes have recently been legalized. There is talk of a tiny house village in the works in the city of Rodeo.

Tiny House Laws in Key New Mexico Cities: Local Zoning Ordinances

Contact your local representative to discover if tiny houses are legal in the city you live in. While some cities in New Mexico have specifically allowed tiny houses into their city-wide zoning codes, other cities have restrictions which make it illegal to live in a tiny home.

Albuquerque, New Mexico

Albuquerque has its own set of regulations for tiny houses. Here’s what is allowed in Albuquerque:

Tiny House Laws In Albuquerque:

• A tiny house must have a room that’s at least 70 square feet and not less than 7 feet in any one direction (including ceiling height).
• Each tiny house must have sanitary facilities including toilet, sink, and either a bath or shower.
• Bathroom and kitchen sink must have both hot and cold water.
• Plumbing fixtures must be connected to an approved sewage system.
• The tiny house must sit on a permanent foundation.
• The tiny house must meet the requirements of the New Mexico Energy Conservation Code.
• Other requirements include windows, permanent heating facilities, wall-switch lighting, bathroom windows or exhaust fans, smoke alarms, and a door to the outside that’s at least 32 inches wide by 78 inches high.

Roswell, New Mexico

On Dec. 12, 2019, the city of Roswell, New Mexico, defined tiny homes in their building codes and amended zoning laws to allow tiny homes within city limits. Under this ordinance, tiny homes on foundation will be required to be constructed according to 14.73.28 Appendix Q (Tiny Houses) NMAC(New Mexico Administrative Code). Roswell has become one of many cities to specifically adopt Appendix Q at the city level.

Additionally, Residential Mobile Home/Tiny Home Subdivisions Districts will allow to provide an alternative to conventional housing by permitting low to medium density mobile home and tiny home development on privately owned or rented lots in subdivisions designed for such development only.