Clare land-use by-law for backyard suites, tiny homes and bunkies
Municipality of the District of Clare. Population 7,678 (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.
We haven’t researched Clare’s by-law for this yet.
What applies everywhere in Nova Scotia
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. [1][2][3][4][5][6]
- Units allowed
- No provincial minimum. The Minimum Planning Requirements Regulations under the Municipal Government Act (amended to N.S. Reg. 51/2025, effective March 7, 2025) say nothing about units per lot or backyard suites, so the number of units allowed is set by each municipality's land-use by-law. [1]
- Units allowed
- Under the Statement of Provincial Interest Regarding Housing, which applies to all communities, planning documents must include policies on affordable housing, special-needs housing and rental housing. Municipalities should consider higher densities, smaller lot sizes and reduced yard requirements. This is guidance for municipal plans and does not give a right to build a suite. [3]
- Eligible land
- Halifax only: under the HRM Minimum Planning Requirements Regulations, s. 4A(2)(c), HRM must permit residential uses in all zones except areas zoned for industrial, military, park, transportation reserve, utility, water supply, floodplain, Crown land, agriculture or conservation-organization ownership. This was amended by N.S. Reg. 196/2025, effective October 3, 2025. No equivalent rule applies to other municipalities. [2]
- Parking
- Halifax only: under HRM Minimum Planning Requirements Regulations s. 4A(2)(i), no on-site parking requirement applies to residential uses within the urban service area. There is no provincial parking rule for other municipalities. [2]
- Building permit
- The Nova Scotia Building Code Regulations adopt the National Building Code of Canada 2020 with Nova Scotia amendments (s. 4), and municipal building officials administer and enforce them. A suite of 37 m² or less building area is a "tiny house" under s. 2, and the Section 9.39 relaxations apply to it. [4]
- Sewage
- Installing, replacing or altering an on-site sewage system needs notification to the Department of Environment and Climate Change, submitted by a qualified person or professional engineer. A system that cannot meet the On-site Sewage Disposal Systems Regulations and Standard needs an approval (Activities Designation Regulations s. 7A). [5]
Tiny home on a foundation
A small house as the main home on its own lot. The key rule is any minimum dwelling size.
We haven’t researched Clare’s by-law for this yet.
What applies everywhere in Nova Scotia
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. [4][7][3][1]
- Minimum unit size
- Provincial law sets no minimum dwelling floor area. Any minimum dwelling size comes from the municipal land-use by-law. [1]
- Minimum unit size
- Building Code Regulations s. 2 defines a "tiny house" as a dwelling unit of 37 m² or less in building area. Section 9.39, added to Part 9 of the National Building Code by s. 91, applies to a tiny house used as a single dwelling unit. It requires ceiling heights of at least 1930 mm in bathrooms, toilet rooms and kitchens and at least 2030 mm in other living space. A loft must have at least 3.25 m² of floor area and be at least 1525 mm in every horizontal dimension. A loft of no more than 2/3 of the building area is not a storey. A tiny house is exempt from the adaptability requirements of Subsection 3.8.4. [4]
- Building permit
- The Building Code Regulations adopt the National Building Code of Canada 2020 with Nova Scotia amendments. The base regulation (N.S. Reg. 198/2024) took effect April 1, 2025, and is amended to N.S. Reg. 199/2024, effective April 1, 2026. Municipal building officials issue permits and enforce the Code. [4]
- Factory-built homes
- Under Building Code Regulations s. 10A(2), a manufactured home or modular building is deemed to comply with the Code if it is marked under clause 7.4 of CSA A277. Under s. 4(3), a manufactured home or modular building built in a factory after August 1, 2025, is exempt from the Nova Scotia amendments in Part 3 of the regulations. [4]
- Mobile homes
- Under Building Code Regulations s. 2, a "manufactured home" is a transportable single- or multiple-section dwelling unit certified as complying with the CSA Z240 MH Series at the time of manufacture. Section 35(1)(f) sets the inspection stages for manufactured homes: superstructure installation and anchorage, foundation insulation and vapour barrier, and plumbing connections below the first floor. [4]
- Mobile homes
- Statement of Provincial Interest Regarding Housing, provision 4: "Municipal planning documents must provide for manufactured housing." It applies to all communities of the Province. [3]
- Sewage
- Under Building Code Regulations s. 12(1), a building official may withhold a building permit until there is a valid on-site sewage system approval or, where no approval is needed, until notification of a new private sewage system has been given. Under s. 12(2)(c), an occupancy permit may be withheld until the sewage system's certificate of installation is provided. [4]
Tiny home on wheels or park model
Living full-time in a tiny home on wheels or a park model home.
We haven’t researched Clare’s by-law for this yet.
What applies everywhere in Nova Scotia
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. [7][4][3][2]
- Building permit
- Note A-9.39 in the province's Building Code users' guide (February 1, 2026) says tiny houses on a permanent trailer chassis with wheels "do not fall within the scope of the Nova Scotia Building Code Regulations" and may fall under other laws such as the Motor Vehicle Act. The guide says notes are explanatory and are not part of the regulations. [7]
- Mobile homes
- A CSA Z240 MH certified "manufactured home" is a building under the Building Code Regulations (s. 2). It is deemed to comply when marked under CSA A277 clause 7.4 (s. 10A(2)), and its installation is inspected at set stages (s. 35(1)(f)). [4]
- Mobile homes
- Municipal planning documents must provide for manufactured housing (Statement of Provincial Interest Regarding Housing, provision 4). Halifax only: HRM must permit manufactured housing, including converted shipping containers, in all residential zones (HRM Minimum Planning Requirements Regulations s. 4A(2)(l)). [3]
- Approvals
- Halifax only: HRM must permit temporary housing in non-permanent structures in all zones where it can be safely established (HRM Minimum Planning Requirements Regulations s. 4A(2)(k)). [2]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
We haven’t researched Clare’s by-law for this yet.
What applies everywhere in Nova Scotia
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. [4][5][8]
- Permit exemption
- Building Code Regulations s. 9(2)(a): unless a municipality requires otherwise by by-law, or regulations under another statute require it, the Code applies but a building permit is not required for "accessory buildings not greater than 20 m² in area". The regulation does not mention sleeping or plumbing as a condition. [4]
- Building permit
- If the building is used as a dwelling unit of 37 m² or less, it meets the s. 2 definition of "tiny house", and Section 9.39 (ceiling heights, lofts, egress) applies. A seasonal "recreational cabin" that is not a permanent residence has its own relaxed rules in Section 9.38. [4]
- Sewage
- Installing or altering an on-site sewage system needs notification to the province by a qualified person or professional engineer, or an approval if it cannot meet the regulations and Standard (Activities Designation Regulations s. 7A(2) to (4)). A pit privy needs no notification or approval but must follow the Standard (s. 7A(5)). [5]
- Sewage
- A system must be selected from the On-site Sewage Disposal Systems Standard by a qualified person or professional engineer, or designed by a professional engineer (On-site Sewage Disposal Systems Regulations s. 3). A certificate of installation goes to the Minister, the local building official and the owner (s. 6). [8]
Official links
We haven’t recorded Clare’s website or land-use by-law yet. Its planning or building department can confirm what applies to your lot.
Sources
- Minimum Planning Requirements Regulations (Government of Nova Scotia)
- HRM Minimum Planning Requirements Regulations (Government of Nova Scotia)
- Statement of Provincial Interest Regarding Housing (Government of Nova Scotia)
- Building Code Regulations (Government of Nova Scotia)
- Activities Designation Regulations (Government of Nova Scotia)
- Government of Nova Scotia news release
- Building Code Regulations, users’ version with notes (Government of Nova Scotia)
- On-site Sewage Disposal Systems Regulations (Government of Nova Scotia)
Not legal advice
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