Category: Legal

Can I Put a Tiny House in my Backyard?

Putting a tiny house on your property comes down to two big questions: Location and the existence of a main dwelling already on the property.

This article has been reviewed in accordance with our editorial policy.

Putting a tiny house on your property without a main dwelling is complicated and varies drastically by county. Therefore, we will review the requirements for putting a tiny house in your backyard, assuming there is already a house on the property.

So, can you put a tiny house in your backyard? Yes, depending on your location. Different states have different requirements, as well as counties within the state. Here we will review how to determine if your property qualifies.

My husband and I have been living tiny for years now and I know the legality of living tiny is complicated and changes frequently. We have had a tiny house in 5 different states (so far!) and they are all different. But here’s some information to get you started on your journey.

This information applies to what we have learned and researched in the United States of America, and it will likely be different if you live in another country.

I am not a lawyer and this is not legal advice. Please consult a lawyer if you have concerns about the legality of your living situation.

How to Find Out if a Tiny Home is Legal in Your Location

The best way to find out if you can put a tiny house on your property is to call your local county building office. But, asking the right questions is key, here are steps you can take to help ask the right questions.

1. Determine the tiny house you want

Spend some time looking around at tiny houses and get a good idea of what you want. Here are some examples of different styles of tiny houses: wood tiny house, container tiny house, and trailer tiny house.

Be sure to check the costs and availability of what you want. For example, if you want a modified shipping container but are unable to find anyone available to build such a specialized unit you may have to change your plan.

2. Write out the answers to these questions

Next, write out what you want in a tiny house by answering these questions.

  • What is the square footage and dimensions of the house?
  • What will the house be built out of?
  • Will the house need extra power or septic installation or will you be adding solar?

Here is some more information to help you determine the size of house you may want.

3. Call your local county building department

States often refer to buildings for additional living quarters as accessory dwelling units (AUDs). Since tiny houses can be a buzzer word, it will help to ask your county the requirements they have for an AUD. Often there are little to no requirements.

However, be sure to ask specific questions including how the house is made. There may not be any requirements for a stick-built house but an altered shipping container might fall into a different category.

Where we live in Nevada, does not have any requirements for an AUD on the property under certain square footage. However, when we asked about a shipping container they said that any alterations to a container needed to have engineered plans to confirm structural integrity.

Be sure to ask your county about square footage. The technical size of a tiny house varies depending on who you ask and your county will most definitely have a restriction on the size that can be built.

Here is a list of questions to get you started, but you may need to be more specific depending on the county’s answers.

  • Can I build (or place) an AUD in my backyard?
  • What are the square footage requirements?
  • Do the requirements change if it is built out of this material?
  • Is my main panel big enough to add a 30 or 50-amp RV circuit?
  • Can I add another bathroom to my septic?
  • Can I have a kitchen in my AUD and what is considered a kitchen?
  • Are there any additional requirements if my AUD comes with solar?

County Requirements

Most counties will have different requirements for those questions. Besides adding an AUD and the square footage regulations, the biggest questions relate to having the house tied into your home electric and septic or being off-grid.

It is easier and often cheaper to put a tiny house in your backyard that has RV hookups and ties into your septic. This avoids the costs and complications of solar. However, if your main panel is not big enough or you are not allowed to add to your septic, then these can become costly. Adding an extra circuit for your tiny house depends on county codes.

If you want to avoid the septic concern you can use a composting toilet. Here are our recommendations for a composting toilet. Also, you should use a French drain for any gray water.

Lastly, ask about a kitchen. Although laws around this are changing, it is still important in some places. Some counties consider an alternate dwelling if it has a kitchen, which usually includes a stove. If this is the case there may be fewer requirements if you don’t include a stove in your tiny house.

Do you need a permit to build a tiny house in your backyard?

There are many aspects to take into account when thinking about adding a tiny house in your backyard. Will it be off-grid or tied into your electric and septic? Will it be on a foundation or on wheels? All of these will change the answer to the permits you will need.

You will need a permit if you are building on a foundation, or “breaking ground”. If you are building on a foundation, usually regardless of size, your counties will require some kind of permit. You will need to follow county codes, such as how far the structure needs to be from the fence line and more.

This is part of the reason why tiny houses are such a buzzer word to the county. People have been building small AUDs for years but when they started putting them on trailers the game changed. Now you can put a house anywhere and move it at any time. The counties didn’t know how to regulate this anymore.

As tiny houses grow in popularity, laws around them are becoming more lenient. Many counties allow tiny houses on wheels in your backyard. And you will likely not need a permit for those.

However, you will need a permit if you are hooking up to your septic. Any additions to a septic tank require permits.

You may also need a permit for hooking up to electricity, this also depends on your county. Although, if you hire an electrical contractor you might not need any permits.

Often, you do not need a permit for a tiny house you buy with solar on it. However, be sure to double-check with your county.

Additionally, there may be HOA requirements. If you live in an HOA-regulated area be sure to call them as well. They are often much more strict on tiny house regulations.

To recap, the permits you may need to put a tiny house in your backyard:

  • Building permit for foundation
  • Septic Permit
  • Electrical permit for more hookups or a main panel upgrade

Can you rent out a tiny house in your backyard?

If you are allowed to have a tiny house in your backyard most counties will allow you to rent it out. If your plan is to rent it out, then add that to the list of questions you need to ask to be safe.

Renting out a tiny house can actually be quite profitable. Some people rent them out on Airbnb for a hefty fee. Tiny houses offer a unique lifestyle that a lot of people are willing to pay more to experience.

Even if you are just renting to tenets, tiny houses can be quite expensive to rent out. If you want to avoid the hassle of permits and getting a tiny house, maybe consider renting out your property for someone who owns their own tiny house.

As tiny houses continue to grow in popularity, more and more people are looking for places to put them. RV lots do not always allow tiny houses and many people want a more rustic place to live in their tiny houses anyway.

When my husband and I moved to Portland, we paid a good amount just for lot-rent. We have always been completely off-grid so we did not need electricity or septic and still paid a lot to have somewhere to park in the city.

There are many appeals to a living tiny, one of which is the ability to easily move. But finding parking is always the most difficult part about moving tiny.

If you are considering putting a tiny house in your backyard just to rent out, I highly recommend renting out the land first. This will simplify things for you and let you test out renting out to others anyway.

Titling and Registering Your Tiny House

This article has been reviewed in accordance with our editorial policy.

Titling and registering your tiny house on wheels (THOW), can be complicated. It varies by each state so please check your local state requirements, but here’s some help to get you started.

So, do tiny houses have titles? Tiny Houses on Wheels (THOWs) do have titles for the trailer. There are different ways you can register your tiny house and it varies depending on the use and if it is certified.

My husband and I have been living tiny for several years now and I know the legality of living tiny is complicated. We have had a tiny house in 5 different states (so far!) and they are all a little different. But here’s some information to get you started on your journey.

This information applies to what we have learned and researched in the United States of America, and it will likely be different if you live in another country.

I am not a lawyer and this is not legal advice. Please consult a lawyer if you have concerns about the legality of your living situation.

Your Tiny House Title

Whether you are buying or building your tiny house the trailer will come with a title. This title is only for the trailer, thus the way you register it will dictate how the state sees it. This will act and transfer like a regular trailer title.

The title is what gives you ownership of the trailer and thus the house. You will buy and sell your tiny house based on the trailer’s title. If the title is lost, it is usually fairly easy to get a duplicate one.

For this, you will just need to go to your local DMV and fill out the necessary paperwork for a duplicate title. This can even be done through the mail. There will be a small fee and then they will either hand you a title or mail you one, depending on your state.

You can only do this if the original title is already in your name. If it is not in your name then the previous owner (whoever’s name it is in currently) would have to do this. Be cautious if you are buying a tiny house without a title. It may have a lien on it or be stolen.

I have more information about tiny house titles and how to get a new one here.

Registering Your Tiny House

Registering your THOW is very important. Depending on your state, it may be illegal to live in your tiny house if it is not registered as a certain option. Do your research on your state and make sure you are compliant.

For the most part, registering your trailer is like registering a car. We went into the DMV with our necessary paperwork and registered our trailer as a travel trailer. Some states can have different requirements.

For example, in the state of California, they require invoices, receipts, a Statement of Construction, and potentially more. This is if the trailer is not certified. If you have a certification this will eliminate most other requirements.

If you have built your own trailer (not just the house), the requirements are much different. It will need to be inspected and you will need to apply for a VIN. I would not recommend this unless building trailers is what you do for a living.

If your THOW is certified then you have to register your tiny house as an RV or a Travel Trailer. If it is not certified you can register it as a mobile home, travel trailer. camper, or just a trailer. Again, consult your state laws.

Most places do not allow full-time living in a RV or travel trailer. Most of the time you are not allowed to live in these for more than 6 months. There are exceptions, such as RV Parks. These restrictions fall under state, county, and zoning laws.

A Tiny House Certification

You can get an RVIA or NOAH certification on a THOW. Currently, these are the only recognized certifications in the USA. Having a certification can make your registration process much easier.

But you will have to register your THOW as an RV or a travel trailer. These are not supposed to be lived in full-time. So it will be important to know where you are going to live before buying your home.

As tiny houses grow in popularity, it will likely become easier to live in them. Oregon recently passed a law legalizing tiny houses. And many other states are working on the same thing. As of now, it can be difficult to find somewhere legally to live, and this can also be based on the way you register your THOW.

Moving States: Titling and Registering Your THOW

When you move states you are required to switch your registration and titles for all of your property including your tiny house. In order to legally transport your THOW, it must be up to date on registration.

It can be hard to remember to renew your registration if you live in your house full-time. We think of it as a home and not a trailer, so it can slip our minds to renew the registration on it. Be sure to mark this on your calendar and keep your title AND registration somewhere safe.

It can be extremely difficult to register your vehicle in a new state if your registration is expired or lost. So be sure to keep up with this. It will make all future moves much less stressful.

When you move it is important to switch over all of your information to that state. There are certain situations where you do not need to change your Driver’s License or vehicle registration.

For example, in America, if you are only in that state temporarily for work and you have a residence in another state then you are not legally required to switch any of your information. We have done this before, moved to another state for just a few months for work.

However, if you are relocating you will need to change everything over at the DMV. You will at least need your current state-issued ID, title, registration, and a filled-out DMV registration form. Most states will require additional documents such as a VIN inspection or proof of address.

Almost all states require proof of address with the exception of a few, like Utah. This can be one of the most difficult parts if you are traveling around or living off-grid. I wrote more information on addresses for tiny houses here.

Related Questions

Do I have to pay taxes on my tiny house? If your tiny house is on wheels, you would have to pay property tax on it if your state requires that. This may vary depending on the way you register your tiny house. If you have it registered as a travel trailer and your state charges personal property tax on those, then you would pay tax as well.

Do I need a Bill of Sale with my tiny house on wheels? In most states, it is not required to have a bill of sale to sell a tiny house as long as the title is signed over properly. If the trailer is new, and not used, then it will likely be required by the DMV. However, to avoid certain legal concerns it is highly recommended to always have one.

Do Tiny Houses Have Addresses?

This article has been reviewed in accordance with our editorial policy.

I have lived in several different states in our tiny houses and it is always interesting when it comes to getting an address.

So, do tiny houses have addresses? Tiny houses can have addresses if they are parked somewhere permanent. If they are constantly moving or parked on unnamed land then they can use a P.O. Box or a family member’s address.

So the answer is: it depends. If you are parked in an RV lot than you will have an address there. If you are parked on someone else’s property, then you will have their address. But what if you are constantly moving?

Getting an Address for a Tiny House that Travels

Having the freedom to travel or move frequently is one of the major appeals for those looking to get a tiny house. It was for me. My husband and I were planning on moving frequently and we did not want to throw money away on rent or continually be buying and selling homes.

We have pretty much always had a P.O. Box since we have been living tiny. This is probably the easiest method for those who move. It is safe and relatively cheap. I typically get a P.O. Box near my work. That way even if we move around the area I know I will be close to the same Post Office often enough.

Another option, is to have a family member get your mail. You can leave your address with your parents, a sibling, or a friend. This can be convenient if you travel so often that you do not know when you will be anywhere long enough to set something up.

This is not always an option for everyone and it can be a burden on the other family member. If they need to forward your mail every so often, because you are not around, this can be time consuming although it is free.

You can set up a central location and have a P.O. Box there. Then you can just return when you need to collect your mail. Be careful with this method though, the Post Office keeps an eye on that type of thing and you may need to be constantly putting a hold on your mail if you get too much.

Getting a Physical Address can be just as easy. The Post Office will have a physical location address, you can use this with Suite: Box Number, for your physical address. For example: My Name, 123 Post Office Rd, Ste 123, Reno, NV 89433. I have had a lot of packages mailed to me with this method and have used it for account set ups too.

If the packages are small and fit in your box, they will leave them there. If they are slightly bigger they will leave a numbered key in your box for you to open a larger box and get your package. If it is too big, they will leave a yellow slip and you need to go to the front desk to get it. This has to be done during regular business hours.

Getting an Address for a Tiny House that is on Unmarked Land

When this is the case you can still use a family member or friend’s address and collect it from them. But the best option is to get a P.O. Box, since you will at least live in that area for a while. There are Post Offices in every town, even if it is very small.

When my husband and I first moved into our tiny house on wheels (THOW), we moved to unmarked land in Utah. We were allowed to temporarily stay on this land. We would just move to different BLM areas every so often until we were able to find somewhere permanent.

This was our first time living on unmarked land and getting a P.O. Box. We also needed a new bank account because they did not have our bank there. During this process the banker asked us for our physical address. We didn’t have one.

This was before we knew the trick about using your P.O. Box location and box number as your physical address. We told them we lived on 5 Mile Pass, which was the name of the federally owned land parcel we were parked on. And shockingly that worked.

As tiny houses become more popular things like this will become easier. I try to go paperless on as many items as I can so I do not have so much mail all the time. However, I still keep all of our important paperwork. The best option is to get a P.O. Box and use it as a physical as well.

Getting an Address for a Tiny House that is on Someone Else’s Land

There are a few options here:

  • Use Their Address
  • Use a P.O. Box
  • Add an Additional Address

Obviously, you can just use the same address and sort mail. This can be a great option if it is a family member. If you do not have a close relationship with the owner of the land, this may be awkward. Especially if you get a ticket in the mail.

Again, a very good option is getting a P.O. Box. In this case you can still use the land you are staying on as your physical address, and just use the box as your mailing address. The downfall to this is that you do have to make those trips to get your mail.

The third option is to add an additional address and mailbox. This is not as easy as just putting another mailbox in the ground. The Post Office will need to recognize that as an address for them to deliver mail there.

I would only recommend this if you know that you will be there for a long time. You would need to get approval from the zoning board and then talk to your Post Office to get an address set up. The zoning board will need to do an inspection and many places do not allow tiny houses. You can talk to your local zoning board and see the requirements for this process.

How to Change Your Address when You Move Your Tiny House

We have been living tiny for several years now and have moved to four states now. And in two weeks it will be five! We will be moving from Portland, Oregon to Reno, Nevada. Moving is one of the best parts of owning a tiny house. However, moving in a tiny house is very different than in a larger house.

The first couple of times we moved we had family either where we were moving from or where we were moving to. This makes it much easier. We simply forwarded our mail from our current location to their house. Or left our mail going there until we got a P.O. Box and then set up forwarding.

This was a pretty simple process. We would get a P.O. Box as soon as possible and they would just forward all of our mail after a couple weeks. There was usually only a couple weeks of overlap between moving and getting our mail.

However, now we are moving from a location and to a location that we don’t have any family. I talked to the Post Office about this and it is actually very easy. A couple of days before we leave we will set up a P.O. Box in Reno online.

Then we can go into our Post Office in Portland and have them call to get your box number. This way we can set up forwarding before we leave, so we don’t miss any mail, and we can return our keys as well. I was so glad to find out I did not have to drive to Reno and back just to set up a P.O. Box!

Steps to Moving a P.O. Box

  • Apply online for a Box number at the location to where you will be moving.
  • Go into your current Post Office and have them call the new one to get your box number.
  • Set up mail forwarding at the Post Office or online.
  • Return your keys to your current Post Office.

Related Questions

Can I put a tiny house on my property?

This will very greatly depending on where you live. Some counties allow a ADU (Accessory Dwelling Unit) to be placed on property with a larger home. Some places do not allow them at all.

What is considered a tiny house?

Most definitions consider a tiny house anything that is less than 500 square feet. Many tiny houses are on wheels, but not all of them. They can be mobile or be on a foundation.