Tiny homes
The caravan and camping market has seen a growth in dwellings commonly referred to in the industry as 'tiny homes'. Tiny homes are built in a variety of ways which can often lead to confusion regarding what legislation applies to them as the term is not
defined within WA legislation.
If a tiny home fits the statutory definition of a caravan (i.e. a vehicle fitted for habitation and capable of being towed) or a 'camp' (i.e. a portable tent, shed or hut) then it will fall under the powers of the Caravan Parks and Camping Grounds Act
1995.
Should a tiny home not fit the statutory definition of a caravan or a camp the Caravan Parks and Camping Grounds Act 1995 cannot apply. Depending on the nature of the structure it may still be subject to building approvals or other building requirements.
Local governments are encouraged to avoid the tiny home phrase and, dependent on the nature of its design, refer to the dwelling either as a caravan, a camp or a building.
Micro camping
All across Western Australia landowners have been partaking in what is commonly referred to in the industry as 'micro camping'. Micro camping involves a landowner allowing people to camp on, or stay in either a caravan or other form of dwelling for a
fee.
If a person is allowing people to use caravans or camp on their property in exchange for money, then it could be interpreted that they are carrying out the business of a caravan park or camping business under the Caravan Parks and Camping Grounds Act
1995 which requires a licence. If a person is conducting a commercial caravan park or camping business, they are not exempt from needing a license if they only have one or a small number of sites.
If the dwellings do not fit the definition of a caravan or camp then it does not fall under the Caravan Parks and Camping Grounds Act 1995 but may still be subject to the need for building approvals or other processes relating to planning or zoning.
An approval under regulation 11 of the Caravan Parks and Camping Grounds Regulations 1997 allowing a camper to stay on a property does not exempt a property owner from needing a license if they are operating a caravan park of camping business, if the
Act requires it.