Temporary Home Occupancy

What is Temporary Home Occupancy?

Temporary Home Occupancy refers to the short-term, conditional approval granted by Council to allow a property owner to reside on their land in a non-permanent dwelling (such as a shed or similar structure) while a permanent dwelling is actively being constructed.

Temporary home occupancy is not automatic and is not a substitute for a lawful dwelling approval.  Living in a shed, caravan, or other non-habitable structure without approval is unlawful and may result in compliance and enforcement action.

Council may consider issuing a Temporary Home Occupancy Permit where strict eligibility criteria and health, safety, and amenity standards are met.

Where and How is Temporary Home Occupancy Legislated?

Temporary Home Occupancy is regulated under Hinchinbrook Shire Council’s Local Laws, together with relevant provisions of the:

• Local Government Act 2009
• Building Act 1975
• Queensland Development Code (QDC)
• Public Health Act 2005

Council’s Local Laws provide Council with the authority to regulate the occupation of land, including the temporary use of structures that are not approved as Class 1a dwellings.

Importantly, a shed, garage, or other Class 10a structure is not approved for habitation under building legislation.  Temporary occupancy is only permitted through a specific approval pathway and subject to enforceable conditions.

Key Requirements and Conditions

Temporary Home Occupancy Permits are subject to strict criteria, including:

Current dwelling approval required
You must hold a valid building approval for a permanent Class 1a dwelling on the subject site.

Limited duration
Permits are typically issued for up to 12 months, with a possible extension (generally up to a maximum of 18 months) where genuine construction progress is demonstrated.

Adequate amenities

Temporary occupation must include:

• Safe and reliable water supply
• Toilet and bathing facilities
• Approved wastewater and waste disposal
• Basic cooking, sleeping, and hygiene facilities

Temporary living arrangements must meet minimum public health standards.  A hose, extension lead, or makeshift arrangements are not sufficient.

Site layout and amenity

Temporary structures must:

• Be appropriately setback from boundaries;
• Be located and screened to minimise visual and amenity impacts; and
• Not adversely affect neighbouring properties.

Occupancy limitations
Only the property owner and immediate family may reside on site.
Temporary occupancy cannot be used for rental purposes or multiple households.

Conditions of approval
Typical conditions require:

• Ongoing and demonstrable progress toward completion of the permanent dwelling;
• Cessation of temporary occupancy by a fixed date; and
• Removal of residential fittings so the structure reverts to non-habitable use once the dwelling is completed.

 Temporary Home Occupancy is a privilege, not a right.  Failure to comply with conditions may result in cancellation of the permit and enforcement action.

How to Apply

To apply for a Temporary Home Occupancy Permit, you must:

1. Hold a current building approval for a permanent Class 1a dwelling on the land;
2. Complete the Temporary Home Occupancy Application Form; and
3. Submit all required mandatory supporting documentation for assessment (identified below).

 Applications are assessed by Council under its Local Laws and may be approved, approved with conditions, or refused.

Mandatory Supporting Information

Applications must include sufficient information to demonstrate compliance with Council’s requirements.  This may include (but is not limited to):

• Evidence of a current building approval for the permanent dwelling;

• Site plan showing:
• Location of the temporary structure;
• Boundary setbacks;
• Existing and proposed services;
• Details of proposed water supply, wastewater disposal, and waste management;
• Floor plan or description of the temporary accommodation layout;
• Evidence of financial capacity to complete dwelling construction;
• Construction program or timeline demonstrating active progress toward the permanent dwelling;
• Any additional information requested by Council to assess health, safety, and amenity impacts.

Incomplete applications may be subject to delayed assessment or refused entirely.

Need More Information?

If you are unsure whether temporary home occupancy is appropriate for your circumstances, or require assistance with an application, please contact Council’s Development and Regulatory Services Team on (07) 4776 4600 for advice.