Living in a shed or temporary occupancy

Living in a shed, garage, or shipping container may seem like a practical short-term solution, but there are important legal, safety and approval requirements you need to understand. 

This page explains what is permitted, what is not, and the correct approval pathway if you intend to live on your property. 

Why living in a shed can cause issues

Many people consider living in a shed or similar Class 10a non-habitable structure while building a home or improving their property. 

However, these structures are not designed or approved for residential use and do not meet minimum health and safety standards. 

Living unlawfully in a Class 10a structure can: 

  • put your safety at risk; 

  • lead to costly compliance issues; and 

  • result in enforcement action. 

Council’s role is to ensure residents are living in safe, lawful and compliant dwellings, which are approved Class 1a structures for habitation. 

Is it legal to live in a shed or container?

In most cases, no. 

Under Queensland legislation: 

  • sheds, garages and containers are classified as Class 10a (non-habitable buildings); and 

  • they cannot be used as a dwelling (Class 1a habitable building) unless formally approved and reclassified.  

It is unlawful to live in these structures: 

  • without approval; 

  • temporarily or permanently;  

  • even while building a house. 

What are your lawful options?

If you want to live on your property, you must follow an approved pathway: 

  • Build an approved dwelling; 

  • Apply for Temporary Home Occupancy (in limited circumstances); or 

  • Apply to reclassify a structure as a dwelling (complex and often costly). 

For further information on how to build an approved dwelling or how to reclassify a structure as a dwelling, please contact a private building certifier to identify the legislative requirements and process. 

Temporary Home Occupancy

Temporary Home Occupancy is a conditional approval that allows you to live on your land in a temporary structure (such as a shed) while a permanent dwelling is actively being built. 

It is: 

  • not automatic; 

  • not a substitute for building a lawful home; and 

  • only permitted through a formal approval process. 

Living in a shed or similar structure without approval is unlawful. 

Key requirements

To be eligible, you must meet strict criteria: 

1. Approved dwelling required 

  • You must have current building approval for a permanent Class 1a dwelling. 

2. Time limits apply 

  • Typically approved for up to 12 months; 

  • Extensions may be granted (generally up to 18 months); and 

  • Only where genuine construction progress is demonstrated. 

3. Adequate facilities 

You must provide: 

  • safe water supply; 

  • toilet and bathing facilities; 

  • approved (with a plumbing approval) wastewater disposal; and 

  • basic cooking, sleeping and hygiene facilities. 

Temporary setups (e.g. hoses or extension leads) are not acceptable. 

4. Site and amenity requirements 

The structure must: 

  • meet boundary setbacks; 

  • minimise impact on neighbours; and 

  • not adversely affect local amenity. 

5. Occupancy limits 

  • Only the property owner and immediate family may reside on site; and 

  • Cannot be used for rental purposes. 

Conditions of Approval

If approved, you must: 

  • show ongoing progress toward completing the dwelling; 

  • vacate by a set date; and 

  • remove residential fittings so the structure returns to non-habitable use. 

Temporary occupancy is a privilege, not a right. 

Failure to comply may result in permit cancellation and enforcement action. 

How to Apply

To apply, you must: 

  • hold a current building approval; 

  • provide supporting documentation. 

The required supporting documentation may include: 

  • site plans and layout; 

  • service details (water, wastewater); 

  • construction timeline; and 

  • evidence of financial capacity to complete the construction of a Class 1a structure on the property. 

 

Incomplete applications may be refused.
Please see the below associated application form, local law regulations and factsheet:

 

Shipping containers

Shipping containers can only be used for storage (a class 10a non-habitable structure), and: 

  • approval is required from Council prior to placement on a property; and 

  • placement and timeframes are regulated, for both short-term and long-term basis. 

 

Compliance and enforcement

If unlawful use or occupation is identified, Council may issue: 

  • compliance notices; 

  • fines; and 

  • enforcement action and direction. 

The goal is to ensure safety and compliance, not punishment.

Need advice?

Before making any decisions: 

  • speak with a private building certifier; 

  • review available factsheets and application forms. 

Getting the right advice early can save time, cost and stress. 

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