Are Tiny Homes Legal in West Virginia?

West Virginia State

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As the popularity of tiny homes continues to rise, understanding the legalities surrounding these compact dwellings is essential. In West Virginia, tiny homes are subject to land use controls and regulations that depend on the city, town, or county in which they’re being built. In this article, we will examine the requirements and restrictions for building tiny homes in West Virginia.

Key Points

Legal StatusDependent on city, town, or county regulations
Minimum Size Requirement400 square feet in Agriculture or Rural zones
Zoning RestrictionsNot legal in Residential zones
Accessory Dwelling Units (ADUs)Allowed in some areas, up to 1,700 square feet in Jefferson
Hardy County RegulationsDwellings in R districts must have at least 800 square feet
Unincorporated AreasAbout 40% of West Virginia, with varying zoning laws
RecommendationConduct detailed research into the local area’s regulations
A Summary of Tiny House Legislation to consider in West Virginia

Building Codes and Regulations

Tiny House Made Easy™

West Virginia follows the 2015 International Building Code, and anyone building a tiny home must adhere to these state-wide codes. However, it’s essential to note that many rural counties do not actively enforce these codes; builders must still follow them.

Minimum Size and Zoning Restrictions

Tiny homes in West Virginia must be at least 400 square feet, and they are only allowed in areas zoned as Agriculture or Rural. They are not legal in Residential zones.

County-Specific Regulations

Different counties in West Virginia have specific regulations governing tiny homes. For example, in Hardy County, dwellings in R districts must have at least 800 square feet.

In Jefferson County, Accessory Dwelling Units (ADUs) are allowed and can have a maximum size of 1,700 square feet. These structures must be at least 250 square feet per resident and built on lots of a specific minimum size.

Unincorporated Areas

Approximately 40% of West Virginia is unincorporated. While these areas usually have fewer regulations, they can still fall under zoning laws. Therefore, it is essential to conduct detailed research into a specific area’s allowances and restrictions before building a tiny home.


In West Virginia, the legality of tiny homes depends on the city, town, or county in which they are built. With minimum size requirements and zoning restrictions, it’s crucial to understand local regulations before constructing a tiny home. Building your tiny home in compliance with these regulations will ensure that you can enjoy the benefits of tiny home living without legal complications.