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‘Outrageous': NSW couple face $1m fine or ‘homelessness' for living in tiny house
‘Outrageous': NSW couple face $1m fine or ‘homelessness' for living in tiny house

News.com.au

time22-05-2025

  • Business
  • News.com.au

‘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 '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 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.'

Manuel has lived peacefully in his beloved tiny home for two years. But now the council has come knocking - armed with a $1million threat
Manuel has lived peacefully in his beloved tiny home for two years. But now the council has come knocking - armed with a $1million threat

Daily Mail​

time21-05-2025

  • Daily Mail​

Manuel has lived peacefully in his beloved tiny home for two years. But now the council has come knocking - armed with a $1million threat

A Brazilian expat chasing the quiet life in a sleepy, rural town could lose his beloved 'tiny home' following a $1million threat from his local council. Manuel Bohn, 30, has been living in the Bega Valley on NSW 's southeast coast for seven years, the past two of which he has resided on a friend's property. But in May, he received a compliance order under the Environmental Planning and Assessment code requesting the 'unauthorised dwelling' be demolished. The council notice stated the tiny home, which sits on top of a caravan, would have to destroyed or a $1million fine for non-compliance would need to be paid. Neither Mr Bohn or the property owner sought council approval or lodged a development application for the home, which is now the only thing standing between the expat and homelessness. Mr Bohn told Daily Mail Australia the notice had come entirely out of the blue. 'We live so simply, we try to grow vegetables, slow the rush of life when we can and appreciate the quietness of our lives here, never chasing any conflict,' he said. 'There was no warning. Council simply emitted this letter, there was no previous contact or dialogue. 'The letter mentioned an investigation that happened on site, which never happened. 'The pictures attached to it were taken from a neighbour's place without any consent. 'We replied to it, questioning most of its content and the approach taken by the compliance officer.' Mr Bohn said the notice set a poor precedent amid Australia's current housing crisis. 'Building the tiny home came in a moment quite delicate to me, as I don't rely on family wealth or any kind of main financial support, it was an affordable and reachable way to create a space where I could feel safe and also that I belonged to,' he said. 'Put simply, in this country I personally only own what I had to work for, the tiny house is today my biggest belonging. Many years of work went into it. If I lose it, I'll lose most of my life in Australia.' Mr Bohn is now waiting on a second letter from the council, following an inspection of the home and a call with his landlords. Bega Valley Council told Daily Mail Australia they would be reviewing the tiny home. Pictured is photos of the tiny home taken by the council from a neighbouring property 'Council is not able to discuss individual cases, however I can confirm the letter below was issued by Council following investigation of a complaint,' a spokeswoman said. 'Council staff will now assess the response provided by the property owners to determine next steps.' In New South Wales, tiny homes fall through the cracks of the planning framework. Mr Bohn has started a petition against the councils actions and urged planning authorities to reconsider the legislation surrounding tiny homes. A tiny home is a small, purpose-built dwelling, often under 40sqm designed to include all essential living spaces within a compact space. Many are built on trailers for mobility and flexibility, offering an affordable alternative for those priced out of the traditional housing market. Tiny homes also appeal to those seeking a sustainable lifestyle, using fewer resources, generating less waste, and encouraging minimal consumption. In NSW, a land use approval is required in most cases to give consent to use the land as a dwelling, through the lodging and assessment of a Development Application under the Environmental Planning and Assessment Act 1979 (NSW). The type of dwelling then needs approval as either a building under the Environmental Planning and Assessment Act 1979 or as a manufactured home or caravan (movable dwelling) under section 68 of the Local Government Act, 1993. If a development consent process has not been followed, with special considerations for sanitation and the environment, the development may not be approved.

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