‘Outrageous': NSW couple face $1m fine or ‘homelessness' for living in tiny house
A NSW couple say they are facing 'homelessness' or a $1 million fine after being ordered by local council to 'demolish' the tiny house they've lived in for two years.
Facing possible homelessness due to the ongoing devastation wrought by the Black Summer bushfires in 2019, Manu Bohn and his partner built a tiny house on a friend's farm in the Bega Valley, on NSW's South Coast, in 2023.
'If you live in the Bega Valley you will have seen homelessness, limited rental stock, soaring rents and property sales prices all contributing to people living in caravans and other movable dwellings,' the 30-year-old, who moved to Australia from Brazil in 2018, wrote in a petition launched on change.org.
'The sad reality is that many families who love this place are leaving because they can't afford to stay here any more.'
The 'simple and happy life of work, study, volunteering, and sport' he and his partner have enjoyed since 2023, however, was interrupted last month when he received a draft order from a Bega Valley Shire Council Compliance Officer.
In the letter, shared by Mr Bohn to social media, the couple was told the 'unauthorised structure … being used as a residential dwelling' needs to be removed or demolished in line with NSW Environmental Planning legislation.
Failure to comply could trigger legal proceedings, the letter continued, with a potential court-imposed fine of $1 million, and a further $10,000 for every day they continue to live in the tiny house.
The decision, Mr Bohn told SBS's The Feed, could make the couple 'one of (Bega's) homeless numbers'.
A tiny home can cost anywhere between $20,000 to $200,000. It's a much more affordable alternative to that of an actual dwelling – the median home price in Bega was $630,000 in the 12 months to April this year, an increase of 2.6 per cent.
'For someone living (in) a tiny house and not being able to afford a home, to get this letter where you have to pay a million dollars … it just seems to be so outrageous and not very understanding,' he said.
For Mr Bohn and his partner, 'tiny houses (are) basically the only affordable way of living to us, as we don't own land and would rely on staying in someone else's property'.
'Everything that I have at the moment, I built myself … but if that's taken out of me, basically I'm just left with the tiny house – and that means according to the letter – that I can't even park it anywhere,' he said.
'So it means I don't have a place to stay.'
Though he and the property's owner did not seek council permission or apply for a development approval (DA) for the tiny house, Mr Bohn said he built it 'based on state legislation'.
'Our understanding was and still is that our tiny house built on wheels is considered a mobile dwelling under NSW legislation, which doesn't require (a DA), and allows us to move it to maybe our own future land,' he said.
There is no fixed definition of a tiny home under the NSW planning framework – meaning it could be anything from a granny flat to a caravan, depending on its use and how it's built – Bega Valley Shire Council Director of Community, Environment and Planning, Emily Harrison, explained to news.com.au in a statement.
'In NSW, a land use approval is required in most cases to give consent to use the land as a dwelling,' she said, by lodging a DA under the Environmental Planning and Assessment Act 1979 (NSW).
'The development consent process has been designed to ensure that health, sanitation, safety and environmental impacts are considered, including vegetation removal, disposal of wastewater and building standards including fire safety.
'If the development consent process has not been followed, Council cannot be assured that these impacts have been addressed or that the development is able to be approved.'
Though council cannot discuss individual cases, Ms Harrison said draft orders (like the one Mr Bohn received) 'explain that failure to comply with the Order is an offence under section 9.37 of the Act'.
'Council cannot impose a $1 million fine, however the Land and Environment Court is empowered to as part of proceedings brought before their jurisdiction,' she said.
'Compliance matters are raised with the property owners in line with legislated requirements.'
In his petition, Mr Bohn has called on Bega Valley Shire Council to enact a moratorium on tiny house evictions, and urged it to work with the NSW Government 'on a pathway to tiny homeownership to address the current housing crisis'.
'A viable solution to the housing crisis is not only being ignored, but fought against,' the petition reads.
'The Bega Valley community will be left behind as other councils move forward with pathways for legal tiny homeownership.
'We are fortunate to be in a position where we can (and will) use our voices to advocate for change on this issue. But we know not everyone is in such a fortunate boat. What happens when Compliance Officers come for a young mother in a tiny home who is fleeing domestic violence? Or for seniors who have nothing left after a bushfire or flood. Or a young person in a caravan escaping homelessness?
'To the council we simply say that is not good enough.'
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