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Southampton Village, NY Accessory Structures: Tiny Homes (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Tiny home rules in Southampton Village, NY, covering tiny houses on wheels (THOWs), park model RVs, and tiny home on foundation builds, determine where they are legal and how they get permitted.

Key Facts

Accessory building size
520 sq ft (lot area 20,000 or less), 800 sq ft above that
Accessory building height
16 feet maximum from natural grade
Sleeping and cooking in accessory building
Prohibited
Heating in accessory building
None permitted
Minimum 1-story dwelling area
800 sq ft where district requires 10,000 or less
Mobile homes
Not permitted

Summary

The Village of Southampton Code has no tiny home category. Under § 116-9A(1), an accessory building is capped at 520 or 800 square feet and 16 feet in height, with no heating, no cooking facilities and no sleeping use. A small house built as a principal dwelling must meet the minimum floor areas in § 116-17, starting at 800 square feet.

(b) The square-foot area of an accessory building shall not exceed the following limitations: [1] In districts requiring 20,000 or less square feet of lot area, an accessory building shall not exceed 520 square feet in area; and [2] In districts requiring more than 20,000 square feet of lot area, an accessory building shall not exceed 800 square feet in area. ... (d) Such accessory buildings shall not exceed 16 feet in height, measured from the natural grade of the lot before the placement of any material on the parcel to the highest point of such building. (e) No such accessory building shall be constructed with a cellar or below-grade story, and no heating shall be installed in any part of such accessory building. (f) No part of any such building shall be designed or used for sleeping purposes, and no cooking facilities shall be placed or permitted therein.

Full Breakdown

The Code of the Village of Southampton does not use the term tiny home. What it regulates is size and use, and two rules decide whether a very small dwelling can exist in the Village of Southampton.

Accessory buildings. Under § 116-9A(1), an accessory building cannot exceed 520 square feet in a district requiring 20,000 or less square feet of lot area, and cannot exceed 800 square feet where the district requires more than 20,000 square feet. It cannot exceed 16 feet in height measured from natural grade, cannot have a cellar or below-grade story, and cannot have heating installed in any part of it. Paragraph (f) is the decisive one: no part of the building can be designed or used for sleeping purposes, and no cooking facilities can be placed in it. A detached tiny house used as a bedroom, studio or guest cottage therefore cannot qualify as an accessory building. A detached accessory building must also sit not less than five feet from the main building, its area counts in lot coverage, and § 116-9A(3) bars it from a front yard, a required side yard and the total required side yards.

Principal dwellings. Section 116-17, amended 12-11-2025 by L.L. No. 15-2025, sets a minimum floor area for every dwelling hereafter erected or converted to accommodate additional families. For a one-family or two-family detached dwelling, a 1-story building or first floor needs 800 square feet where the district requires 10,000 or less, 1,000 for 10,001 to 20,000, 1,500 for over 20,000 to 40,000, and 2,000 over 40,000. An apartment unit needs 600 square feet for a studio or efficiency, plus 100 for each additional room. The least overall dimension of the minimum first floor area is 20 feet, and mobile homes are not permitted.

The Accessory Apartment Overlay District, former § 116-8.1, was repealed 6-15-2021 by L.L. No. 2-2021.

Violations & Fines

Using an accessory building for sleeping, adding cooking facilities or heating, or building past the 520 or 800 square foot and 16 foot limits violates § 116-9A(1). Section 116-40A reaches the owner, tenant, contractor and anyone who assists, and § 116-40B applies the Chapter 1, § 1-17 penalty: a fine not exceeding $2,000, imprisonment not exceeding 15 days, or both. Section 116-40C also allows action to restrain, correct or abate the use.

Frequently Asked Questions

Can I put a tiny house in my backyard in the Village of Southampton?
Not as a place to sleep or cook. Section 116-9A(1)(f) says no part of an accessory building shall be designed or used for sleeping purposes and no cooking facilities shall be placed or permitted in it. Paragraph (e) also bars heating, so a detached tiny house cannot serve as a dwelling or guest unit under the accessory building rules.
How big can a backyard accessory building be?
Section 116-9A(1)(b) caps it at 520 square feet in districts requiring 20,000 or less square feet of lot area and 800 square feet in districts requiring more than 20,000. Paragraph (d) limits the height to 16 feet measured from the natural grade, and the building must sit not less than five feet from the main building.
What is the smallest house I can build as a main dwelling?
Under § 116-17B(1), a 1-story one-family or two-family detached dwelling needs 800 square feet of floor area where the district requires 10,000 square feet or less, rising to 1,000, 1,500 and 2,000 for larger lot-area bands. The least overall dimension of the minimum first floor area is 20 feet, and workforce housing developments are exempt.
Is there an accessory apartment option instead?
Not through the overlay district. The Code carries an editor's note that former § 116-8.1, the Accessory Apartment Overlay District added 11-29-1988 by L.L. No. 5-1988, was repealed 6-15-2021 by L.L. No. 2-2021. Section 116-9A(1)(f) still bars sleeping and cooking in a detached accessory building.

Sources & Official References

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