Many of the property related clauses and provisions of Oregon law only apply to dwelling units; for instance, the Seller Property Disclosure Statement is only required when there is a sale of “real property consisting of or improved by one to four dwelling units.” Your local region (county or city depending on where the property is located) will define a dwelling unit more precisely, but generally speaking, the definition cleaves towards “a structure used as a home, residence, or sleeping place by one or more persons who maintain a household there.” Many cities include the requirement that the location have usage for a mixture of “living, sleeping, eating, cooking, and sanitation.” For example, several cities in Yamhill County establish the standard as merely “having a place to sleep and a place to cook” to make a dwelling, but Portland defines a “Dwelling Unit” as “a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating, and sanitation.” As a result of the differing definitions, your mileage may vary depending on your location. A shop or outbuilding with running water and a hot plate would be considered a “dwelling” in many areas, but may not be considered a dwelling in others. It’s also worth noting that most areas consider “dwelling units” without connection to the immediate usage – in other words, the question is not “are people presently and currently using the space as a living and cooking spot” but rather “could someone use this space for living and cooking.” This distinction is most relevant in situations where a client wants to sell land with a decaying building. Oftentimes, the seller will say “I’d rather not even say there’s a dwelling because I’d never stay in that building, so I don’t need to fill out disclosures for that structure, right?” The answer is that a decrepit building will still be a “dwelling” until it loses its occupancy permits. As long as it can be used for occupancy and still has water, electricity, and a roof, it’s going to require disclosures.
Nonetheless, consult your local city/county for a more granular definition to apply in this circumstance.