December 16, 2022, 4:51 am | Read time: 6 minutes

Primarily in the U.S., but also in other countries, stylish tiny houses are seen as a modern way of living. Cleverly designed, they make living in a small space attractive. The construction costs are low, and the mini homes can also be mobile. They seem perfect for those who want to own less, aren’t ready to settle down, or like to travel a lot. But not so in Germany. Whether you want to live in one permanently or use a tiny house as a travel home, the legal and construction hurdles for all uses are high. Therefore, it’s important to determine the right type of use before building or buying a tiny house with just a few square meters. This decision affects the search for a parking spot or plot and the appropriate construction.

1. Option: The Tiny House as a Permanent Residence

Anyone wanting to use a tiny house as a permanent residence needs a plot in a developed settlement. This must be connected to the public road and path network as well as the supply and disposal network. The problem: In such a settlement, residential houses are planned according to the development plan, says Holger Freitag, attorney at the Association of Private Builders (VPB) in Berlin. However, some communities are already creating planning laws for tiny houses.

“For example, in Baden-Württemberg, there is Paragraph 56 in the state building code, which allows experimental building,” says Regina Schleyer, chairwoman of the Tiny House Association in Karlsruhe. And some federal states are starting time-limited pilot projects to create settlements for tiny houses.

Alternative: Campsite with Residential Use

So, one should inform themselves about such local possibilities–this can be the first chance for a tiny house as a permanent residence. The alternative can be a permanent spot on a campsite–provided residential use is recorded in the campsite’s development plan. The advantage: No building permit is needed.

But: “Registering a primary residence is usually not possible,” says the Tiny House Association. Additionally, certain conditions must be met: The tiny house can be a maximum of 50 square meters and no higher than 3.5 meters.

There is another way: “Anyone who already owns a plot can submit a preliminary building inquiry to the responsible building authority,” says building consultant Holger Freitag. This way, one learns whether and in what form the plot can be developed with residential space. Usually, it doesn’t work without a subsequent building permit. Municipal requirements like the development plan determine how a new house should fit into the area. This includes the roof shape, facade color, window type, or minimum floor area. Such requirements must also be met by a tiny house, says Freitag.

Observe Strict Building Regulations

And here, too, the full building regulations of the public authorities apply, such as state building codes. “Many regulations require a clear height of 2.4 meters or 2.5 meters, as well as a toilet, shower, and ventilated kitchenette,” the building consultant lists. And once owners live in the tiny house for more than four months a year, the Building Energy Act applies with requirements for building insulation and heating.

At least: In some communities, simplified approval procedures are possible. Here, a building notice to the building authority is sufficient. “However, this may require an architect’s plan and information on structural safety and thermal protection,” says Freitag.

And without a building permit, usually only small construction projects up to ten square meters of gross floor area are possible. An exception is made by the Bavarian building code. It allows buildings with a gross volume of up to 75 cubic meters, roughly equivalent to 30 square meters. However, this only applies to the interior, i.e., built-up settlement areas.

Related: Living in a Tiny House–the Pros and Cons

2. Option: The Tiny House as a Vacation Home

If you only want to use the tiny house occasionally, such as on weekends or during vacations, it can be easier. According to the Tiny House Association, you need a parking or building site in a special area for recreation or in an area for developing residential use. There are fewer requirements there. Construction is often process- or permit-free if the floor area is a maximum of 50 square meters. However, the plot must also be developed there.

More on the topic

Planning tips Planning a garden shed: Do you really need planning permission?

New Construction and Existing Buildings Which Projects Are Possible Without a Building Permit

3. Option: The Tiny House as a Caravan

To take a tiny house on vacation, it needs road approval as a caravan. According to the Road Traffic Licensing Regulations (StVZO, § 32), it can be a maximum of 2.55 meters wide, four meters high, and twelve meters long. The maximum permissible weight is 3.5 tons. All windows must have safety glass (§ 22a). And the permanently attached trailer must have all necessary lights.

However, one should be aware that frequent location changes are often much more complicated than the owner assumes, says Johannes Laible, editor of the Tiny House Magazine “Kleiner Wohnen.” “In any case, one of the usual inspection organizations (e.g., TÜV, Dekra, GTÜ) should be involved early on,” he advises. The transport issue should also be clarified with the tiny house manufacturer.

Registering as a caravan incurs costs for insurance, taxes, and regular maintenance. However, the building permit is not required. It should be noted that the camping vehicle also needs a parking space outside of vacation times. This can be the parking lot in front of the house. “But you are not allowed to sleep in it,” says building consultant Holger Freitag.

4. Option: The Tiny House as Cargo

The more common way to use a tiny house on the move, according to Johannes Laible, is to consider it as cargo. For this, only an approved trailer is needed, on which the house is securely fastened. And after changing locations, the tiny house is removed from the trailer again.

This also means a lot of effort, depending on the size and weight of the house. “Anyone moving must also apply for a demolition permit for the tiny house,” says Regina Schleyer from the Tiny House Association. Additional costs for conversion and a new building permit arise, as different building regulations may apply at the new location.