Tiny homes, often defined as homes under 400 square feet, offer many benefits. Some view them as a way to simplify and downsize, and others see their quick and affordable construction as a way to combat the housing crisis. The tiny home movement has grown in recent years—there is a tiny home trade association, a grassroots association dedicated to improving the legal environment for tiny homes, and even several TV shows on tiny homes. But the legal landscape is still adjusting, and it can be confusing to determine whether a tiny home is within reach.

Challenges Faced by Tiny Home Owners and Builders

  1. Tiny Home Zoning. Uses of land may be strictly controlled by zoning ordinances and zoning boards. One common obstacle for tiny homes is minimum square-footage requirements in single-family residential zones—which are often set well above the size of a tiny home. Some cities even go as far as prohibiting small homes under 1,700 square feet.
  2. Building Codes. Many building codes include requirements for tall ceilings, wide stairs, and exits that are not feasible in a tiny home. Because of these outdated requirements, many tiny home builders face obstacles from city officials and zoning boards.
  3. Mobile Tiny Homes. Tiny homes on wheels (THOWs) offer unique flexibility and freedom, but the law has struggled to keep pace with their distinctive nature. The closest traditional classifications, RVs and permanent houses, don’t quite apply to this type of home. Living in RVs is typically only allowed in RV parks, and even then, it may just be allowed for a few weeks or months, making that designation inappropriate for THOWs. On the other hand, most building codes and zoning requirements stipulate that houses must be on permanent foundations. Unfortunately, this means that THOW owners and builders must contend with additional challenges.
  4. Permits. Remember that, whatever the laws are in your town, you will usually need to get a building permit for your tiny home or permission to set up your THOW.

Is the Government Opposing Your Tiny or Small Home?

Are you a tiny home owner or builder? Has your town or city stopped you from building a tiny home or is threatening your current one? If you’ve answered yes to these questions or to any of the challenges listed above, please fill out our form below, we want to hear from you.

Unfortunately, navigating the various legal hurdles faced by tiny home owners is complicated. An attorney may be required to adequetly defend your right to build a tiny or small home.

The Institute for Justice is a non-profit civil liberties law firm, our services are always free of charge.

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