On this page:
- When you need approval
- When you don’t need approval
- Criteria for granting approval
- Conditions on an approval
- Term of an approval
- Renewing an approval
- Required documents and materials
When you need approval
You may need approval to establish or occupy a temporary home if you intend to live in it temporarily. You can apply for approval under Council’s Subordinate Local Law No. 1.3 (Establishment or Occupation of a Temporary Home) 2015.
When you don’t need approval
You will not need Council approval to put a temporary home on land with a permanent residence if you (as the owner of either the temporary home or the land on which it is located) can prove that the temporary home is:
- merely being stored on the land
- not being used as a place of residence.
This may apply to temporarily locating shipping containers and railway carriages on your land.
Criteria for granting approval
The criteria for granting approval for a temporary home are that:
- the temporary home will not be occupied as a place of residence permanently or for an indefinite period
- you propose to either
- erect or convert an existing structure into a permanent residence
- carry out building work on a permanent residence that will make the residence temporarily unfit to use as a place of residence
- you will supply an adequate source of water to the proposed temporary home
- you will supply an adequate means of waste disposal and sanitation to maintain reasonable standards of health and hygiene
- the temporary home will not impact adversely on the owner or occupier of any adjoining land.
Your application may be refused if:
- you have not made a genuine application for a development approval for:
- the proposed erection or conversion of an existing structure into a permanent residence
- the proposed building work on a permanent residence that will make the residence temporarily unfit for occupation as a place of residence
- a development approval has been granted, but is likely to expire before the building work under the approval has been completed.
Conditions on an approval
The conditions ordinarily imposed on an approval may:
- regulate the design, dimensions, construction, and external appearance of the temporary home
- require you to provide specific facilities for personal hygiene and sanitation, and for washing and drying clothes
- require you to provide specific equipment, or take specific action, to adequately supply the temporary home with water
- regulate the disposal of wastewater, sewerage and refuse from the temporary home
- require you to dismantle and remove the temporary home by a specified date
- require you to keep the temporary home in good order and repair
- require you to ensure that the temporary home is not unsightly or unhygienic
- restrict the number of people who can occupy the temporary home.
Additionally, all water supplied to the temporary home for domestic purposes must be potable water, and all sewerage and wastewater from the temporary home must be discharged safely.
Term of an approval
An approval may be granted for up to 12 months, based on the information you provide. The approval will outline the approval term given.
The approval term must not exceed the lawful period of the development approval for the:
- construction of the permanent residence— if the development approval authorises the construction of a permanent residence
- alteration or extension of the permanent residence—if the development approval authorises the alteration or extension of the permanent residence.
The approval term will end on the earlier of:
- the date on which the term of the approval ends
- the date that the permanent residence becomes fit for occupation as a place of residence— if the approval relates to the construction of a permanent residence
- the date that the alterations or extensions have progressed enough that the permanent residence is fit for occupation as a place of residence— if the approval relates to the alteration or extension of a permanent residence.
Renewing an approval
An approval for a temporary home cannot be renewed. However, Council may extend the term of an approval to coincide with the expected completion date of the building work when the application for extension is made and likely to be completed within a reasonable time. The term of the extension cannot be more than six months.
Required documents and materials
When applying for approval to establish or occupy a temporary home, you will need to provide:
- a drawing showing the design and dimensions of the proposed temporary home
- details of the materials the temporary home will be constructed from, and other structural details
- the location of the temporary home
- the consent of the owner (if the applicant is not the owner of the land)
- the name of each person who will occupy the temporary home
- details of the operation of the temporary home, including toilet, bathing, laundry, water storage and refuse facilities
- for the permanent residence being constructed, altered or extended on the land, provide development approval for:
- the permanent residence—if the permanent residence is to be constructed
- the building work, the subject of the alteration or extension—if the permanent residence is to be altered or extended
- an independent, itemised valuation of the construction cost (of both the proposed temporary home and, as relevant, the permanent residence, or the alterations or extensions to the permanent residence), including an itemised valuation based on recognised current building industry rates covering all areas that apply to the construction of the temporary home and, as the case may be, the permanent residence or the alterations or extensions to the permanent residence. This includes
- the outstanding cost of the land purchase
- the cost of construction of the proposed temporary home and, if relevant, the cost of construction of the permanent residence, or alterations or extensions to the permanent residence.
- if the applicant is an owner–builder, evidence that you are registered as an owner–builder with the Queensland Building and Construction Commission
- a progress chart or similar timetable showing major milestones during the construction of each of the temporary home, and the permanent residence or permanent structure, so Council can fix the term of the approval.