Living in Sheds

Every year, Council receives numerous enquiries about the construction of so-called “liveable sheds” or the use of sheds and shipping containers as temporary homes.  At first glance, building or fitting out a shed can appear to be a cheaper or faster solution for accommodation instead of planning or constructing a permanent dwelling.  However, what many people do not realise is that this approach often ends up more expensive in the long run.

To avoid costly retrofitting, compliance issues, and potential enforcement action, property owners should always pursue the correct approval for a Class 1a dwelling if their intention is to live in the building.

Is It Legal to Live in a Shed or Shipping Container?

No.  It is unlawful (an offence under the Building Act 1975) to use a shed, garage, shipping container or other Class 10a structure for residential purposes without appropriate approval.  

In Queensland, a person must not occupy a building as a dwelling unless that building is classified and approved as a Class 1, 2,3 or 4 (all of which are habitable classes).  Living in a shed or shipping container "as is" - even on a short-term or temporary basis - is illegal.  These structures do not meet the minimum health, safety and structural standards required for housing especially in cyclone-prone or flood-prone areas. 

• Why is this taken so seriously?  Residential buildings require a much higher standard of construction than non-habitable structures.  For example, a dwelling needs adequate natural light and ventilation, safe emergency exists, fire safety measures, weatherproofing, insulation, plumbing for safe sewerage and water supply, and must be engineered to higher wind and live-load standards.  Sheds and shipping containers in their original form do not generally meet these requirements, which can endanger occupants.  Council's priority is to keep the community safe by ensuring people live in approved dwellings that meeting building safety standards. 

Council will enforce these regulations.  If residents are found illegally living in a Class 10a structure, Council will investigate by conducting inspections of properties suspected to have unlawful shed or container dwellings.  Property owners caught in breach may be issued compliance notices, fines or other enforcement measures under the Building Act 1975 and local laws. 

Differences Between Class 10a Structures and Class 1a Structures

Unlike dwellings, sheds are not designed or constructed to meet the building code standards for comfortable and safe living.  They are generally hot in summer, cold in winter, difficult to insulate, and hard to make weather-tight against insects and vermin.  Attempting to later convert a shed into a compliant dwelling can be very complex and costly, often requiring significant reconstruction to bring the structure up to the standards of a habitable building. 

Below is not an exhaustive list, bit it illustrates that a "liveable shed" must essentially be brought to the level of a house, which can involve considerable work and expense.  Always consult with your private building certifier and possibly engage a professional designer/structural engineer to determine what upgrades are needed for your specific shed/shipping container.

Class 10a (Shed/Carport/Garage):

• Designed as non-habitable structure;
• Intended for storage, vehicle parking or shelter;
• Simplified structural standards;
• Basic wind, load and footing design for storage use;
• Not required to be fully sealed or weatherproof - may allow water penetration or gaps
• Slab can be without moisture barriers;
• No requirement for insulation, glazing standards or energy efficiency; 
• Not designed for occupant fire safety; and
• No requirements for natural light, ventilation, sanitary facilities or ceiling heights. 

Class 1a (Dwelling/Liveable Shed): 

• Designed as habitable structure;
• Intended for people to live, sleep, cook and bathe in safely
• Must comply with structural provisions for a house;
• Includes bracing, tie-downs, cyclonic region compliance, and footings/foundations suited for habitable use;
• Fully weatherproof and resistant to moisture ingress;
• Damp-proof courses, flashings, membranes and drainage;
• Vapour barriers mandatory on floors to prevent rising damp;
• Complies with all energy efficiency provisions;
• Insulation, compliant glazing and orientation/ventilation considerations;
• Mandatory interconnected smoke alarms to Australian Standards;
• Safe and accessible egress routes (doors/windows);
• Minimum ceiling heights; and
• Compliant bathroom/laundry & kitchen installations.

Can I Convert a Shed or Shipping Container into a Dwelling? 

Yes.  But it is not a simple process.  Converting a shed or shipping container into a lawful dwelling often requires substantial upgrades and formal approvals.  In essence, the structure must be brought up to the same standard as a house and reclassified from Class 10a to Class 1a. 

Often it is not practical or cost-effective to retrofit a shed or metal container to meet all these requirements.  Many owners find it more sensible to build a small compliant dwelling from the start.  However, if you are determined to pursue a conversion, you must obtain the following approvals before anyone can lawfully live in the structure:

• Building Approval for Reclassification: A building development approval is required to reclassify a shed (Class 10a) to a dwelling (Class 1a).  This process is known as a "Change of Classification", involves a licensed private building certifier assessing plans and specifying the building work needed to meet the Building Code of Australia's dwelling standards.
• Plumbing and Drainage Approval: If you plan to install plumbing (toilet, shower, sink etc.) you must obtain a Council plumbing permit first.  All work must comply with the Plumbing Code of Australia and any unapproved plumbing will need inspection and possible upgrades. 
• Development/Planning Approvals (if required): A change of classification may trigger extra approvals if the shed/container doesn't meet acceptable use rights under the Hinchinbrook Shire Planning Scheme or Queensland Development Code dwelling setbacks, design standards, or is in a floor or bushfire zone. 

Important: simply lodging a building application to covert the structure does not guarantee approval.  The private building certifier will evaluate whether the existing structure can feasibly be brought up to standard.  Not all sheds or containers are suitable for conversion to a safe dwelling.  If the structure is substandard or cannot meet critical requirements (structural integrity, weatherproofing, flood height minimum etc.), you may be directed to undertake significant remedial works or even find that conversion is not viable.

What If I Want to Live in the Shed Temporarily While I Build a House?

Council understands that some people wish to live on-site while building their permanent home.  However, you must do so legally under a Temporary Home Occupancy Permit - you cannot simply move onto the site without notifying Council. 

Council may approve a "Temporary Home" or "Temporary Occupancy" Permit for limited periods, subject to strict conditions, while a permanent Class 1a dwelling is being constructed on the property.  This is a better route than illegally staying in a shed, because it provides a legal timeframe and ensures basic health and safety conditions are met. 

Key points about Temporary Occupancy Permits:

• A current dwelling approval is required: You must hold and have evidence of a current building permit for a permanent Class 1a house on the subject site;
• Limited duration: Temporary Occupancy Permits are short-term, usually 12 months (sometimes up to 18 months with an approved extension) and are intended only as a stopgap during house construction, not permanent living;
• Adequate amenities: Even temporary living requires essentials such as safe water, toilet, bathroom, waste disposal and basic cooking, bathing and sleeping facilities that meet health standards (a hose and extension cord are not enough);
• Site requirements and amenity: Temporary homes must be setback and where possible screened, to avoid impacting neighbourhood amenity, only the property owner and immediate family may live there - not renters or multiple families;
• Conditions of approval: Typical conditions require continuous progress on the permanent house, ending temporary occupancy by set deadline and removal of unapproved residential fittings once the house is read so the shed reverts to non-habitable use.

To apply for a Temporary Home Occupancy Permit please complete and lodge the application form linked here: Temporary Home Occupancy Application - costs are outlined within Council's Fees and Charges Schedule. 

Remember: this is a privilege to help during construction - failure to adhere to the conditions (for example, purposefully stalling on building the house, unsanitary living conditions or creating a neighbourhood nuisance) may result in the permit being cancelled and enforcement action taken. 

If you have any questions or need further clarification, please contact Council's Development and Regulatory Services Team on 4776 4600.

Our Team can provide guidance specific to your situation.  Remember, the ultimate goal is to ensure all residents in our Shire are living in safe, legal and healthy homes.  Illegal habitation of sheds or shipping containers is not only subject to enforcement - it is also potentially dangerous.