Tiny House Building Codes: Top 5 Myths BUSTED

It’s been a while since I did a post about how owners of tiny houses deal with building codes, but coding questions come up often. There’s more regulation on tiny houses and dwellings than you may think. In fact, understanding building codes, zoning, and regulation is one of the areas that really trip up new tiny homeowners when they first start out. So today I wanted to go over several of the questions and myths that arise with tiny house code compliance.

It seems there are a lot of tiny house building code misconceptions out there. Knowing how to navigate through the tiny house regulations and codes will help you avoid headaches later. So here are the top 5 myths about building codes, zoning, and tiny houses.

Busting Building Code Myths(1)

Tiny House Building Code Myth 1:

I don’t need a building permit if my tiny house is under ___ sq/ft.

This myth is true, but with caveats. Typically, if you’re building a structure under a certain square footage you don’t need to acquire a building permit. So do you need a permit to build a tiny house if it falls under that square footage? There’s a catch: the exception to the building permit rule is in the term “house.” When you want to dwell or live in the home it shifts from a tiny structure to a tiny house, and you run into building permit issues.

The second you place any personal property in your structure, your small house is classified as “dwelling.” Building regulations dictate it doesn’t matter if a dwelling is 10,000 square feet or 10 square feet, you need a permit to build a livable space. Tiny house laws by state vary, as do tiny house size requirements and limits…BUT if you plan to live in your house, you’re going to need a building permit.

Tiny House Building Code Myth 2:

My tiny home is an RV, mobile home or camper—No tiny dwelling code compliance is required!

Again, this tiny house myth is somewhat true… IF your tiny home is being built by a certified RV or mobile home manufacturer. It’s possible to live in a homemade trailer house, but to get around the building code compliance, you’ll need to become a certified manufacturer. To become a certified tiny home manufacturer, the certification will cost you several thousand dollars, require you get an LLC and go through a rigorous inspection process to ensure you meet all 500+ requirements.

So you can’t build a tiny homemade trailer house on wheels and say, “Look—I built an RV or mobile home.”  To top it off once your dwelling has passed inspection to classify as a certified RV or mobile home, you can often only park and reside in specifically zoned areas, which are fast disappearing. There is an exception: if your state has a “home-built RV” classification, but these are few and far between and more and more campgrounds and trailer parks refuse entry for home-built RVs. As you see, the answer is more complex than simply saying RVs and mobile homes “don’t count” when it comes to tiny home building codes.

Tiny House Building Code Myth 3:

I will say I’m “camping” if any issues come up.

This tiny house coding myth is once again, somewhat true. You could, in theory, get around any regulatory issues by saying you were camping (which is allowed in dwellings regardless of coding compliance—like lean-tos, tents and pop up shelters).

Where the camping excuse runs into problems, is when you realize most municipalities have very specific limits on how long you can camp. The limit is often between 2-30 days in one spot or parcel of land, if camping is allowed at all. Typically, it’s limited to designated campsites. For example, in the city I live in, you aren’t legally allowed to camp at all unless FEMA has declared a state of emergency. In certain cases, you may get around the camp restriction if you move your tiny home every few days, depending on the camping laws. Then again, the city could also say, “You’re not camping, you’re dwelling in your tiny house,” and you’d face a big problem.

Tiny House Building Code Myth 4:

“They can’t stop me from building my tiny house!  I’ll do what I want.”

In certain cities and states, you’re partially right. The question isn’t if they can or can’t stop you (they can). Your city inspectors won’t stop you unless your tiny house becomes a big public issue. If you don’t create too much buzz, or cause any complaints, they may turn a blind eye even if you don’t comply with building codes.

It’s important to note here that a city inspector holds all the power, if they decide they don’t want you in your tiny house, they can choose an array of legal justifications to enforce it.  The saying is you can’t fight town hall, because they’re the final say on all things.

But not complying is certainly a risk. The truth of the matter is, in most places they can stop you. The city inspectors will come through and condemn your tiny house. What condemnation means, is if you enter your house, you could legally get arrested for being in your own home!  The city regulators may also fine you for not complying with building codes. They may deny you utilities like they did to me (read about it here). In the worst cases, they may even run a bulldozer through your house to destroy it and tear it down. All of these actions they can legally do and have done.  Worst of all you have no recourse for these actions, especially if your tiny house isn’t up to code. If you decide to risk it, it’s still important to learn and understand coding and zoning laws for your specific area. Then, if someone does complain or issues arise, you’ll be familiar with your rights.

Tiny House Building Code Myth 5:

My tiny house is on wheels, so codes and zoning regulations don’t apply.

The idea that wheels mean your tiny house is exempt from codes and zoning regulations is a big myth perpetrated by those who want to earn a quick buck off selling pre-made homes and plans to tiny house people.

It’s true, wheels will help your tiny house comply with loopholes and certain regulations, generally because it confuses the bureaucrats. There’s little official regulation out there specific to tiny home zoning. Plus, wheels mean your tiny home is easier to move, so there’s always the possibility of working around the regulations. But the hard truth is, the second you dwell in a structure it becomes a home, and when it comes to homes, all bets are off and the city will do what they want.

So what’s a tiny homeowner (or potential owner) to do?!?

It’s frustrating when you realize there are few ways (if any) to legally live in a tiny home. Even if your tiny home passes inspection, chances are high it’s technically still not legal in the full language of the law.

So, what’s your best approach to live in a tiny house? Well, there are two approaches:  1) Beat the city at their own game and know how to leverage the codes, 2) Roll the dice and try to fly under the radar.

Each of these approaches to living the tiny life, have their pros and cons.  To get a better understanding of all aspects of building codes and tiny homes, I’ve created an eBook. This book will help you understand how to work within the system to gain legal status with your tiny house as much as possible. In the book, Cracking the Code: A Guide to Building Codes and Zoning for Tiny Houses, I’ll show you the key barriers faced by tiny house folks. I’ll offer possible solutions to overcome these common tiny house coding conundrums and issues.

In the book, I’ll also share with you a few strategies to help you beat the system. I’ll explain what you need to do if you choose to fly under the radar and how to live in your tiny house safely, without getting caught.

Whichever approach you choose to deal with the tiny house building code issues and regulations, both are covered in Cracking the Code: A Guide to Building Codes and Zoning for Tiny Houses. If you’re wondering how to understand codes and enjoy life in your tiny home hassle-free, you need this book!

Cracking the Code by Ryan Mitchell

 

 

117 Comments
  1. Wow.this guy wrote all that in such a beautifully composed manner as if he’s really on our ‘tiny home lover’ side, just so he can sell his book. Dude people can easily learn their own local building code and zoning regulations for such homes by simply asking questions from the right people that operate within their local city government.

    • True, as long as they know HOW to find the info and what to do with it. It’s getting easier to access government codes, statutes and laws, but with official’s time taken up by lobbyists it’s still difficult for an individual to get any where.

    • Absurd, on two counts. First, he has done some footwork and orgamized some information, and if your time is worth anything, it is highly unlikely that the price of a book will be greater than that cost in time. Second, he didn’t do anything “just so he can sell his book.” He’s not selling it to you. He is offering it for sale. You have a choice. In your case, your time is worth nothing, so it costs you nothing to reinvent the wheel instead of leveraging someone else’s effort for the price of a book.

  2. I own my home and when I bought my home that same yr I had a 10×20 shed added to my backyard and later when we had a sun room added we had the building inspectors out and he commented when I had shed installed I told him in 1992-1993 and he said it was grandfathered in because they didn’t even have building code inspectors in our town back then but now I want to add an addition and a bathroom to the structure because we insulated, electric,sheetrock and a kitchen with counter top and heater because my husband was a gardener and put all his canning goods stored in the cupboards but he died in 2016 and now I want to sue it as a guesthouse

  3. building codes are just a legal form of extortion. I want my fucking country back..

    • true, but that will take a revolution we the people VS Satan and his ilk!

  4. Can I have a tiny house that doesn’t have electricity, no solar, no plumbing? Ontario.
    I am thinking of composting toilet, battery powered lighting (I work nights so don’t need much lighting as I go to bed when the sun goes down!)
    Thank you!

  5. If I build a tiny house on wheels 8×26 same as a trailer with solar panels,can I stay on my own land.Ontario

    • under law you do not exists you have no right forget to pay rax and the irs takes it all, welcome to hell on earth and the coming antichrist 666 beast system!

  6. Ilive in a old travel trailer havent changed nothing on outside except roof and i remodeled tge inside its no longer a rv its got everything a mobile home has now new plumming a breaker box insted of a rv box no water holding tank reguler tolit its 22 feet long its a tiny mobile home now but its not registered

    • I kept mine registered when I did the conversion. It is still Registered you see the registration is for the TRAILER

    • James, I am age 81 and want to do something to avoid paying high real estate taxes a little later in my life. Sounds as if you found the answer. I am living in northern half of ca a very taxing state but love the mountains and the ca weather.

  7. I live in covington ga. We will be moving to the county outside of the city limits. I would like to purchase a frozen building ,rent to own, for the back yard. This will be on my daughter’s propetty. Could I have it insulated, and some electric installed for part time a d u I living? I am 67 years old and want to be close to family but still have my own space.

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  9. Why the animosity towards the governing authorities. Have you considered the safety aspect of building a house? No matter how small it is? Are you qualified to do electrical and plumbing correctly? What about sanitation. I am going to guess that most of the tiny house dwellers have substandard means of disposing human waste. Not a good thing if you care about your children or possibly the food your growing. It takes much more than the “fuck the man” attitude to do this correctly. When your done you’ve built a house. Think about that.

    • Electricity and plumbing are only around 100 years old. We humans, have done without them for centuries! I am not against paying taxes, I personally am against spending 3/4 of my paycheck on rent!

    • Excellent point that SHOULD be considered! The system that has been developed is to.protect US from our OWN stupidity and lack of common sense. It is not ALWAYS about “Ourselves” but also the people who live around us and THEIR rights to live safely and securely.

      That said, it is “illegal” to be homeless, too. There is a pressing need for shelter that is practical and “affordable” and tgere are, and always have been “alternatives” that are rarely considered, much less “acceptable” among the laws and regulations that are “on the books.” There ARE avenues that are required to go through to make changes. Unfortunately, most cannot afford the costs associated with change, nor are the verses well enough to.follow through themselves. A “No Win” from many angles.

    • Mr Walsh, you assume a lot To infer tiny home owners are of inferior intellect and abilities. I for one learned building trades before I left high school. My tiny home has a biogas digester that functions as my waste water disposal. I have solar, wind and steam powered inverter generator.my unit is built to code, wired to code, and plumbed to code. And, I did it myself!

      No I did not get a permit nor an inspection. I did it to code. I don’t require someone else’s opinion or review to make it any better magically because they say so. For the know, if it is built to code it is complete and no inspection well change that. The purpose of inspection is for Public Health and Safety. My home is not within public domain.

    • Perhaps you have plenty of money to spend on permits and unnecessary things to simply build an affordable house to shelter yourself. Perhaps you live in an area that is quite easy to manage a mortgage and down payment with the local economy. Perhaps you were lucky enough to born in a time without such major economical drags and were actually able to accumulate some wealth. Whatever it is that you have so much abundance of, grow up, look at things from others perspectives and ask yourself the other question. Why are people going through all of this work and trying to live in small affordable mobile homes that they even go through the hassle to build themselves? I live in Southern Ca, and I gotta say you are either completely clueless or live in quite the bubble, it’s that or you enjoy watching people scrape by and not being able to get ahead. People like you ignore the homelessness epidemic and would rather see people in a cardboard box than an insulated one with some running water and solar panels because you don’t know if the latter is safe enough or not? It’s beyond insane, and this idea dies in the real world when you point out the obvious, our nation is crumbling and this is some small solution before things hit the boiling point and finally possibly change. Tens of thousands of dollars just for a building permit, not counting inspectors, tens of thousands in additional material/inspector costs, tens of thousands in taxes, the system is rigged and I’ll work for a decent roof for an affordable price, not all my life struggling to pay it and then struggle to pay taxes on it once I retire. You’re quite blind sir.

  10. I appreciate all the comments. I have sold my THOW for 2 reasons. One being I did fly under the radar for 3 years and someone complained. Then I couldn’t find land to put it on and legally live in it 365. Also I missed not having a bathtub which is doable in a tiny, I just didn’t put one in my tiny bathroom.
    So now I’m looking for land to place a park model home on that’s just under 400 sf and am finding that nearly impossible in the Pacific now. I dont want to live in the desert, I want trees and vegetation growing on the land. So I’m still searching for the best possible solution. I’m sure I’ll find it but its been challenging having to sell my big house also and make all the calls to county officials for ccr’s on different parcels of land.
    I’m looking in Washington and Oregon so if anyone knows anyone with land allowing a less than 400 sf park model home, please feel free to contact me at kimmatic1962@yahoo.com. thank you

  11. i am going to retired next year and would like do down side from a 2500 sqf in Corte Madera CA to a tiny house in Sonoma/Calistoga CA . I do not want to leave in a trailer park but in a small house with some land around me ,so I can spend 1/2 year leaving with my children in Europe and not to have to worried about keeping up with a big house when I am gone ! Why is is so difficult to own a tiny house in marin or Sonoma county in California

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