Cape Breton land-use by-law for backyard suites, tiny homes and bunkies

Cape Breton Regional Municipality. Population 93,694 (2021 census).

Backyard suite

A separate home in the yard of a house: garden suite, laneway suite or coach house, including prefab, modular or container units used this way.

Allowed · Cape Breton’s term: “accessory dwelling unit”

A lot with a one or two unit dwelling may also contain one detached accessory dwelling unit (s. 4.2). It must be in the rear yard, look similar to the main building and cannot be subdivided onto a flag lot.

Maximum size: 80 m² gross floor area (s. 4.2(a)) [1]
Maximum height: Same as accessory buildings: not above the main dwelling and never over 9 m in residential and commercial zones; 9 m in the Rural zone (s. 4.1, 4.2(b)) [1]
Where allowed: Rear yard of the main building, unless the accessory building legally existed before the by-law (s. 4.2(c)) [1]
Number allowed: One accessory dwelling unit per lot (s. 4.2(e)) [1]

Nova Scotia-wide rule

Outside Halifax, no Nova Scotia regulation requires municipalities to allow backyard suites or a set number of units per lot. Each municipality decides this in its land-use by-law. Province-wide, the Building Code applies to the suite, and a new on-site sewage system needs provincial notification or approval. [2][3][4][5][6][7]

Tiny home on a foundation

A small house as the main home on its own lot. The key rule is any minimum dwelling size.

Allowed · Cape Breton’s term: “one-unit dwelling”

The by-law sets no minimum dwelling floor area or width for one-unit dwellings, which are permitted in all residential zones and the Rural zone. Mobile homes are defined separately and the Mobile Home Park (R6) zone lists them as its one-unit dwelling type.

Minimum dwelling size: None stated for one-unit dwellings [1]
Mini homes: 'Mobile home' means a transportable one-module dwelling with an average width over 2.6 m (8.5 ft) and under 6 m (20 ft); the R6 zone permits 'Dwelling, One-Unit (Mobile Home)' [1]

Nova Scotia-wide rule

Nova Scotia sets no provincial minimum house size. Since April 1, 2025, the Building Code Regulations define a "tiny house" as a dwelling unit of 37 m² or less in building area and give it its own rules on ceiling heights and lofts. Certified factory-built homes are deemed to meet the Code. Municipal planning documents must provide for manufactured housing. [2][5][3][8]

Tiny home on wheels or park model

Living full-time in a tiny home on wheels or a park model home.

Allowed with limits · Cape Breton’s term: “recreational vehicle”

No recreation vehicle or similar vehicle may be used for human habitation unless a zone allows it (s. 4.29). The Rural (RU) zone lists 'Recreational Vehicles, limited to two' as a permitted residential use, and mobile homes are permitted in the Mobile Home Park (R6) zone.

Where allowed: Rural (RU) zone: recreational vehicles, limited to two (s. 9.1); Mobile Home Park (R6) zone: mobile homes (s. 5.6.1) [1]
Approvals: Campgrounds of more than six sites in the RU zone need site plan approval (s. 9.1.3) [1]

Nova Scotia-wide rule

The province's Building Code guidance says tiny homes on a permanent trailer chassis with wheels are outside the scope of the Nova Scotia Building Code Regulations. Whether you may live in one full-time is decided by the municipal land-use by-law. CSA Z240 manufactured (mini) homes are covered by the Building Code, and municipal plans must provide for manufactured housing. [8][5][3][4]

Bunkie or sleeping cabin

A small sleeping building with no kitchen, usually beside a cottage or house.

Not addressed · Cape Breton’s term: “accessory building”

The by-law has no rule on sleeping cabins or on human habitation in accessory buildings, other than barring habitation in vehicle bodies. General accessory building limits apply: total floor area of the greater of 75 m² or 10% of the lot area, and a 9 m height cap.

Maximum size: All detached residential accessory buildings combined: greater of 75 m² or 10% of lot area (capped at 150 m² in residential and commercial zones) (s. 4.1) [1]
Maximum height: 9 m in the Rural zone; in residential zones not above the main building and never over 9 m (s. 4.1) [1]
Setbacks: 0.6 m from side and rear lot lines unless over 93 m² or 3.7 m high (s. 4.1) [1]

Nova Scotia-wide rule

Unless a municipal by-law says otherwise, Nova Scotia does not require a building permit for an accessory building of 20 m² or less, but the Building Code still applies to it. Adding a washroom brings in the on-site sewage rules, unless the building connects to a municipal sewer. [5][6][9]

Official links

Last confirmed October 2026.

Notes and caveats

Cover: July 2023, including amendments adopted July 30, 2026, in effect August 22, 2026. One by-law covers the whole municipality. The UR4 zone sets a 2-storey minimum building height.

Sources

Not legal advice

Confirm with your municipality before you buy, build or move in.

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