An Overview of Georgia’s Laws for Tiny Houses
Georgia is home to large urban centers such as Atlanta and Savannah, and rural communities such as those in the Appalachian mountains and coastal plains. This wide variety of geography and culture has created a diverse group of people who have opted to live in tiny houses. The tiny house movement is a growing trend in the United States and Georgia is right in the middle of it. Many Georgians are drawn to the tiny house movement as these homes provide a solution for the high cost of living while minimizing one’s environmental footprint. Additionally, many join the movement because they want to challenge themselves and focus on what they truly need. Whether a person wants to reduce their environmental impact, experience more freedom and flexibility, or solve the problem of the current housing market , tiny houses are an appealing option.
Tiny houses are generally 400 square feet or less. They tend to be built with movable and permanent foundations. Generally, they are built on wheels, like an RV. They can be custom made to have various amenities such as solar panels or composting toilets that help to reduce a person’s environmental impact.
Despite the positive things surrounding tiny homes, Georgia has not embraced this residential structure as much as other states, such as Colorado or Texas. Currently, Georgia does not have any state-wide codes for tiny houses. A person who is interested in living in a tiny house must know all of the local laws before constructing or moving into a tiny home. Even if the county or city allows the home, the local environmental protection department may have issues with it. As a result, a person considering a tiny house in Georgia should carefully review and follow each local ordinance before getting started.
Tiny House Zoning Laws in Georgia
Tiny Houses in the state of Georgia are currently restricted to several subclassifications. Those classifications do not include the single-family and multi-family residential classifications which will be addressed later, but do include: conservation, commercial, industrial, and mixed use. And even those classifications cannot place your Tiny House just anywhere.
In conservation zones, Tiny Houses are only allowed when they are part of a manufactured home subdivision. So, if your Tiny House is to be located in a traditional Mobile Home Park, then you may be allowed to live there and even rent it out under a double occupancy with the adjacent unit. But, constructing your Tiny House in this lot will have an adverse impact to the streetscape and will likely affect the park’s overall aesthetic appeal to the public and potential residents. You may be able to purchase or lease a lot in a manufactured home subdivision that already exists, or you may get lucky and find an exception in the covenants, conditions, and restrictions of a new park. But, even if you are leasing the lot from an owner, this is still an association with other regulations you may not be aware of. Conservation zones are usually found within residential zoning districts, but they are not limited to them. Conservation zones are usually implemented by the county or city to ensure that the area retains its residential and architectural characteristics. Regardless, it is probably safe to say that the acceptance for Tiny Houses inside a manufactured home park is relatively low.
The City of Atlanta has several Tiny Houses being promised by the Atlanta Group Ministries, Inc. along with other permissions for Tiny Houses. However, this has not been accepted into the zoning ordinances to date. The first sign of this issue can be seen with the following referenced permalink which does not mention or allow the use of Tiny Houses in this city:
www.atlantaga.gov/index.aspx?page=445
Some other cities and counties around the state are making serious efforts to allow Tiny Houses into the residential setting, and have even enacted laws which will serve to protect Tiny House owners from certain types of actions or events that would have an adverse affect on them. In fact, the Tiny House movement has become fairly popular and there are a number of communities, groups, and clubs around the state. As a result, the enactment of laws may only be necessary in specialized or unique communities where Tiny Houses have become regularly occupied.
However, typical zoning regulations impacting Tiny Houses will most significantly affect Tiny House Communities. These areas can be found in Mixed-use, Conservancy, Recreational/Commercial, and Industrial areas.
Tiny House Building Codes and Requirements in Georgia
Building codes and standards refer to the construction, safety, and zoning regulations that a house or building must comply with in order to be eligible for the issuance of the Certificate of Occupancy. The Certificate of Occupancy is required under Georgia law in order for a completed structure to be occupied by its tenants (see e.g. , O.C.G.A. § 8-2-161). Tiny houses built on permanent foundations are generally subject to Georgia State Minimum Standard Codes, as set forth in the Official Compilation of Rules and Regulations of the State of Georgia, Department of Community Affairs, Chapter 110-3-1 (Standard Codes) and the State Building Code, O.C.G.A. § 8-2-3; O.C.G.A. § 8-2-3(f). These codes establish standards for minimum infrastructure, such as electrical and plumbing systems, as well as safety standards for construction materials. These codes apply to all buildings, including tiny houses built on permanent foundations.
When a tiny house is constructed on a trailer and is not "affixed" to real property (see e.g., City of Atlanta Police v. Valet Parking Service, Inc., 274 Ga. 740 (Ga. 1998)), or when it is on anything other than a permanent foundation, local building code officials typically consider the tiny house a "trailer" or a "mobile home." Though there is some variance across counties in terms of how structures on trailers are considered, many local jurisdictions do not consider tiny houses constructed on trailers to be even "mobile homes" and thus not subject to any DCA and State Building Code requirements for mobile homes. In these cases, the tiny house will only be subject to zoning and permitting requirements. For example, while DeKalb County requires a permit for the operation of a mobile home park (among other things), it does not specifically regulate mobile homes that are located in areas zoned for RV use. The same is true for Forsyth County. Such situations must be verified in the county, city, or municipal code where the tiny house is located.
Tiny House Permitting Requirements in Georgia
For anyone considering making a life change and downsizing to a tiny house in Georgia, the permitting process needed to legally build and live in one can be confusing and convoluted. Tiny houses are not classified as RVs because they lack some of the essential features needed for long-term living, meaning that there are fewer zoning regulations governing them as there are for RVs. However, building and living in a tiny house requires a number of permits. If you plan on living in a mobile tiny house (a tiny house built on wheels) full time, then you must obtain a permit from the Georgia Department of Revenue, Motor Vehicle Division. A residential building permit is needed to legally construct a tiny house on your private property. If you are buying or renting a tiny house, you must verify that there are no zoning restrictions preventing you from living there. Keep in mind that some homeowners associations have strict rules against all kinds of tiny houses, so if you plan to rent or buy a tiny house with intention of living in it, make sure to confirm that you are allowed to do so in that specific area. Obtaining a permit to use a tiny house as a guest house at a rental property is somewhat tricky, however, as the Georgia State Amendment 3 does not allow for commercial leasing of any kind unless an accessory structure is used as a permanent living space for at least six months. To complicate matters further, many counties in Georgia do not allow for permanent accessory structures to be built in their jurisdictions, meaning that if you secure a permit for a guest house at a rental property you cannot live in it full-time and must limit your rental agreements to six months at a time. If you plan to build a traditional tiny house on land that you own, you will need to first determine whether the land is currently zoned for residential use. If your land is zoned for commercial use, you will need to submit an application for a special use permit. In addition, state law forbids permanent dwelling places on agricultural or forest zoned properties, meaning that those looking to build a tiny house in a rural area might need to apply for a land use permit from the Georgia Department of Agriculture. Of course, if you are looking to live in Georgia short-term or seasonally, you can travel to the state with your tiny house camper or RV and live there as long as you wish. For those looking to become permanent Georgia residents it is important to verify that you can legally live in your tiny house before establishing residency in Georgia.
Navigating the Pros and Cons of Tiny House Living in Georgia
Georgia has become a popular state for tiny houses because of its temperate climate, good schools, and affordable land. However, there are a few challenges and benefits residents may encounter when living in a Georgia tiny house.
Challenges:
The first challenge is finding a place to put the tiny house. Tiny houses cannot be placed on numerous GA sites because of strict residential zoning restrictions. Counties often do not want to change their zoning codes to allow tiny houses.
The second challenge is that some Home Owners Associations (HOA) do not want tiny houses in their neighborhoods. HOA’s require homes to be of a certain size, height and with a certain amount of exterior area. Often, the HOA will prohibit parking a tiny house on homeowners’ property, making it difficult for the homeowner to maintain the property with the desired property size set by the county or city.
Lastly, GA counties have adopted minimum square footage requirements, so homeowners cannot buy a large piece of land and legally build a traditional home and a tiny house on two separate spaces. If a resident does this and puts tiny houses on the property, they can later be forcibly evicted from the county and lose their home .
Benefits:
The first benefit of living in a tiny house is financial. Owners save money on utilities, insurance, real property taxes, purchase price, and upkeep. Tiny homes are usually 10-50% of the average price of housing.
The second benefit is low maintenance of the property. Owners can maintain the home by themselves and don’t need to hire outside help for lawn care when the property is small enough to manage. Owners can spend more time working and less time repairing things.
The third benefit is sustainability. Tiny homes use fewer natural resources than regular-sized homes. Owners can buy eco-friendly appliances, fixtures, and other environment technologies to use in the home. Residents can live close enough to public services but also preserve land by staying compact.
In summary, while GA tiny houses have a reputation of being innovative and modern, living in a tiny house in Georgia poses many challenges and benefits. Whether you are thinking about moving into one of these abodes or are operating a community that includes them, be sure to arm yourself with the proper information before making any decisions.
Mastering Georgia’s Tiny House Laws: Tips and Tricks
Navigating tiny house laws in Georgia means understanding your local and state requirements for building a tiny home, whether it’s an RV or a permanent structure. Here are some tips to make the process easier:
1. Start with a reliable set of plans.
Many people who buy tiny homes are purchasing them from a builder who provides plans as part of the cost, but some are considering building themselves. If you go that route, be sure to review and use construction plans to ensure that your tiny home meets state regulations and building codes. If you have someone helping you with the construction, make sure your plans include everything necessary and consider hiring an architect to draft them for you.
2. Review zoning laws and land use restrictions.
Before purchasing property for a tiny home or moving it to a temporary location, check with the county or city zoning office to determine if there are restrictions preventing you from siting it in your desired location. Even if you can legally place your tiny home on the property, there may be zoning rules regarding how to utilize the land or what additional permits are required. South Fulton, Fulton, Allenhurst, Arabi, Rome, and College Park are the only cities in Georgia that permit tiny homes. But in all areas of Georgia, zoning is a major factor in determining where you can place your tiny home.
3. Ask about local building codes and requirements.
Building codes vary from county to county. In some jurisdictions, tiny homes are considered RVs-meaning that they are highly-regulated and costly to build according to the state standard for RVs. Tiny homes are not always exempt from building codes. Consider these things:
4. Check with your local building inspector.
If you plan to build your own tiny home or do any work on one you already own, you may need to be inspected by the building inspector to get an occupancy permit. Call your local building inspector before you begin and familiarize yourself with the roles and responsibilities of the building department in your town. It’s better to establish the rules up front than later discover that you’ve angered the planning board with an unauthorized remodel.
5. Keep records and documentation.
Be sure to document any changes made to plans and restrictions placed on building or remodeling and save receipts paid to any contractor for all work performed on the property. Keep correspondence between yourself and the county or city building departments as well. If you ever run into problems with your tiny home in Georgia, you will have proof of what was done and what was prescribed.
Helpful Resources for Georgia Tiny House Owners
Nationwide
The American Tiny House Association Official website: www.tinyhouse.org – Provide education and a national voice for the tiny house movement.
Tiny House Talk – This website offers a lot of information for the tiny house enthusiast, including free tiny house plans and resources for tiny house builders and owners.
Tiny House Blog – A blog that covers all things tiny house, including readers’ stories, DIY articles, recipes, and building tips .
Georgia
The Georgia Tiny House Festival – The biggest tiny house festival in the Southeast featuring speakers, builders, exhibitors, a tiny house building competition and the 1st Annual Glamping Tent Village. Titled "Glamping", it is a cross between glamorous and camping! The festival also includes workshops to learn more about how to downsize, declutter, and live tiny.
Southeastern Tiny House Enthusiasts Meetup – A monthly meetup for enthusiasts of all things tiny in Atlanta, Georgia. It serves as a great way to connect with others interested in downsizing and building their own tiny houses.