Tiny Home Regulations in Western Australia

Overview

Western Australia’s planning system is governed by the Planning and Development Act 2005 and administered by the Western Australian Planning Commission (WAPC). Building requirements fall under the Building Act 2011. Unlike states with a single statewide planning code, WA uses a layered system of state planning policies, the Residential Design Codes (R-Codes), regional schemes and local planning schemes.

For tiny home owners, WA is one of the most dynamic states in Australia right now. Recent reforms have removed minimum lot sizes for granny flats, extended temporary caravan accommodation to 24 months, and several regional councils have adopted dedicated tiny house on wheels policies — making WA a leader in progressive THOW regulation. For more on the different dwelling types, see our guide on types of tiny homes.

Disclaimer: This guide is for general informational purposes only and does not constitute legal, planning or building advice. Regulations change frequently and vary between council areas. Always verify current requirements with your local council before proceeding.

Ancillary Dwellings (Granny Flats)

In WA, a granny flat is formally known as an “ancillary dwelling” — a self-contained dwelling on the same lot as an existing home. It may be attached to, integrated with, or detached from the primary dwelling. For a detailed comparison with other states’ provisions, see our guide on tiny homes versus granny flats.

April 2024 R-Codes Reform

On 10 April 2024, significant changes to the Residential Design Codes came into effect, making ancillary dwellings far more accessible:

• No minimum lot size. The previous requirement for lots of at least 350 sqm was removed entirely. An R-Code compliant ancillary dwelling can now be built on residential lots of any size.
• No planning approval required if the ancillary dwelling meets the relevant R-Code standards and local area setback requirements.
• Maximum floor area of 70 sqm.
• Permitted in grouped dwellings and strata lots for all density codes in Volume 1.

This is a major reform. Previously, ancillary dwellings were restricted to larger lots, which excluded many suburban properties. The change means most residential property owners in WA can now build a granny flat without needing planning approval from their council — provided the dwelling meets the R-Code standards.

When Planning Approval Is Still Needed

You will need planning approval if your ancillary dwelling does not meet the deemed-to-comply provisions of the R-Codes — for example, if it exceeds the floor area limit, doesn’t meet setback requirements, or your local planning scheme has additional provisions. A building permit is always required regardless of whether planning approval is needed.

For full details, see the WAPC’s Ancillary Dwelling Information Sheet.

Tiny Homes on Wheels (THOWs)

WA has no statewide definition of a “tiny house” in its planning legislation. A THOW is generally classified as a caravan under the Caravan Parks and Camping Grounds Act 1995 and associated regulations. However, several WA councils have adopted dedicated local planning policies that recognise THOWs as a distinct dwelling type — and this is where WA stands out nationally.

Temporary Accommodation Reform (September 2024)

On 1 September 2024, changes to the Caravan Parks and Camping Grounds Regulations 1997 came into effect, significantly extending the time people can live in a caravan on private land:

• Up to 3 nights: No approval required from the property owner or council (within any 28-day period)
• 3 nights to 24 months: Requires approval from both the property owner and the local government
• Beyond 24 months: Applicants can re-apply to the local government on expiry

Previously, local governments could only approve a maximum of 3 months (or 12 months if the person held a building or demolition permit). The extension to 24 months — with the ability to re-apply — is a substantial shift and was developed in response to housing affordability pressures, particularly in regional WA.

Progressive Councils with THOW Policies

Several WA councils have gone further than the statewide regulations by adopting local planning policies specifically for tiny homes on wheels. These are worth investigating if you are considering a THOW in Western Australia.

Shire of Esperance

The Shire of Esperance became the first council in Australia to formally recognise tiny homes on wheels as permanent dwellings when it adopted its Local Planning Policy — Tiny Houses on Wheels in December 2022.

Key features of the Esperance policy:

• THOWs are defined as dwellings of no more than 50 sqm built on a wheeled trailer base
• Requires planning consent only — no building permit (construction is assessed against Vehicle Standards Bulletin 1 in the absence of an NCC classification for THOWs)
• Streamlined approval process with clear placement rules, bushfire requirements and assessment pathways
• THOWs must be designed and built to look like conventional dwellings
• Retrofitted vehicles and informal shelters are explicitly excluded

The policy was developed in response to a critical shortage of rental properties in the Esperance region and has attracted national attention.

Shire of Ravensthorpe

The Shire of Ravensthorpe adopted its own Tiny Houses on Wheels policy in February 2024, building on the Esperance model. The policy allows:

• Up to three dwellings (including tiny houses) on lots of 750 sqm or less
• Additional tiny houses on larger lots, subject to assessment
• THOWs up to 50 sqm, built on trailers and designed for permanent occupancy
• Clear rules for anchoring, utilities, setbacks and bushfire safety

Since adoption, the Shire has received proposals for a 48-site tiny house community — demonstrating real demand when the rules are transparent and accessible.

Shire of Capel

The Shire of Capel adopted a tiny house policy in August 2023 that provides guidance for both individual THOWs and tiny house community developments (two or more tiny houses on a single lot). The policy also covers the use of tiny houses for short-term tourism accommodation. Development approval and a building permit are required.

Fixed Tiny Homes as Primary Dwellings

A fixed tiny home intended as a primary dwelling — whether site-built, modular or factory-built — is classified as a dwelling under the planning system and a Class 1a building under the National Construction Code. This means:

• Planning approval is generally required (unless exempt under your local planning scheme)
• A building permit is required under the Building Act 2011
• The dwelling must comply with the NCC/BCA — covering structural adequacy, fire safety, waterproofing, energy efficiency and amenity
• A registered building contractor is generally required for domestic building work

The R-Codes set minimum and maximum standards for residential development, including site area, plot ratio, setbacks, open space and car parking. These vary by density coding (R-Code), so the requirements depend on your lot’s designated coding.

The WAPC Tiny Houses Fact Sheet (PDF), published in December 2024, provides a useful overview of how tiny homes fit within the WA planning framework.

Key Contacts & Resources

Primary legislation and planning:

• Planning and Development Act 2005 — WA’s main planning legislation
• Residential Design Codes Volume 1 — the R-Codes
• WAPC Ancillary Dwelling Information Sheet (PDF)
• WAPC Tiny Houses Fact Sheet (PDF) — published December 2024

Caravan and temporary accommodation:

• Caravan Parks and Camping Grounds Regulations 1997
• DLGSC — Temporary Accommodation and Camping Outside of Caravan Parks
• September 2024 reform announcement

Progressive council policies:

• Shire of Esperance — Tiny Houses
• Shire of Ravensthorpe — Local Planning Policy (PDF)
• Shire of Capel — Tiny Houses Policy (PDF)

Industry:

• Australian Tiny House Association — State Regulations
• ATHA — Local Laws (council-by-council tracker)

Frequently Asked Questions

Can I build a granny flat without planning approval in WA?

Yes, in most cases. Since the April 2024 R-Codes reform, an ancillary dwelling (granny flat) up to 70 sqm can be built on a residential lot of any size without planning approval — provided it meets the R-Code deemed-to-comply standards and local setback requirements. You still need a building permit. If your proposal doesn’t meet the deemed-to-comply provisions, you’ll need to apply for planning approval through your council.

Can I live in a THOW on private land in WA?

Yes, with council approval. Since September 2024, local governments can approve temporary accommodation (including caravan/THOW occupation) on private land for up to 24 months, with the ability to re-apply on expiry. You can stay up to 3 nights in any 28-day period without any approval. If you are in the Shire of Esperance, Ravensthorpe, or Capel, dedicated THOW policies provide a more permanent pathway — contact these councils directly for their specific requirements.

What is the Shire of Esperance THOW policy?

The Shire of Esperance was the first council in Australia to formally recognise tiny homes on wheels as permanent dwellings. Adopted in December 2022, the policy defines THOWs as dwellings of no more than 50 sqm on a wheeled trailer base. It requires planning consent only (no building permit), with construction assessed against Vehicle Standards Bulletin 1. The policy includes clear rules for placement, bushfire safety and assessment, and has been used as a model by other WA councils.

What are the R-Codes?

The Residential Design Codes (R-Codes) are state planning policies published by the Western Australian Planning Commission that set standards for residential development across the state. They cover site area, setbacks, building height, open space, car parking and more. Each residential lot is assigned an R-Code density coding (e.g. R20, R40) that determines the applicable standards. The R-Codes are incorporated into local planning schemes and are a key document for anyone planning to build in WA.

Does my tiny home need to meet the Building Code?

For a fixed dwelling or ancillary dwelling — yes, it must comply with the National Construction Code (NCC/BCA) and you need a building permit under the Building Act 2011. For a THOW in councils with dedicated THOW policies (like Esperance), the policy may reference Vehicle Standards Bulletin 1 instead of the NCC. For a THOW under the temporary accommodation regulations (caravan pathway), the NCC does not directly apply, but the home should meet reasonable safety standards.

Which WA councils are most progressive on tiny homes?

The Shire of Esperance leads nationally with its December 2022 THOW policy. The Shire of Ravensthorpe adopted a similar policy in February 2024 and has already received proposals for a 48-site tiny house community. The Shire of Capel adopted a tiny house policy in August 2023 covering both individual THOWs and tiny house communities. The Shire of Augusta Margaret River has also publicly welcomed the September 2024 temporary accommodation reforms. For comparison with other states’ approaches, see our regulation guides for NSW and Queensland.

Next Steps

1. Determine your pathway: Are you building an ancillary dwelling (granny flat), placing a THOW on private land, or constructing a primary dwelling?
2. Check the R-Codes: Look up your lot’s density coding and review the deemed-to-comply provisions for ancillary dwellings in the R-Codes Volume 1
3. Check for local THOW policies: If pursuing a THOW, find out whether your council has a dedicated tiny house policy (Esperance, Ravensthorpe and Capel do) or whether you’ll use the temporary accommodation pathway
4. Talk to your council: An informal discussion with the planning department will clarify what is required for your specific site and proposal
5. Engage a professional: A building designer or town planner familiar with the R-Codes and your local planning scheme will help navigate the process
6. Find a builder: Browse our builder directory to find Western Australian tiny home builders who understand the local approval landscape