Josh Heins and Manu Bohn and their tiny home on wheels. Photos: Supplied.
A young couple living in a tiny home on a trailer on a friend’s farm has been issued with a compliance order from Bega Valley Shire Council. It tells them to remove or demolish the house. Failure to comply could make the landowners liable for $1 million in costs.
Josh Heins and his partner Manu Bohn wanted to settle down in the Bermagui/Cobargo area.
“We thought about a tiny home as an option because the rental market was so tight,” Mr Heins said. “We wanted to live on the land, so instead of renting a property, we thought we could get a little bit of land or find a supportive landowner.”
That was in 2023. They bought a trailer, an engineer designed the framing, and the couple built the house.
The house sits on the trailer, which is parked on the farm of friends who have become their second family. In exchange, they help on the farm with things like fencing and looking after the sheep.
Off the grid, the house has a small solar system and battery, tank water, composting toilet, and a greywater system that starts with a grease trap. The dwelling is not near creeks or boundaries or visible from the road.
In late April, the couple received a draft letter from the council dated 17 April. It gave them 21 days to remove or demolish their house.
“But by the time we received the letter, we had eight days to comply,” Mr Heins said. “The letter was a compliance order and said the landowners could be liable for $1 million costs plus $10,000 per day if we remained non-compliant.”
The letter also mentioned a $3000 fine and the possibility of any costs incurred by the council being back-charged to them.
The council says the structure needs a development application (DA) and that a council compliance officer had investigated it on 15 April. Mr Heins contends no council staff inspected it.
The framing for the tiny house was designed by an engineer specifically for the trailer.
When Mr Heins and his partner built their tiny house, they did so understanding that under Section 77 of the Local Government Regulations, one caravan could be parked on an occupied residential property without a DA.
Mr Heins said the NSW Planning Department released advice that tiny homes on trailers are classified as caravans. That was tested in 2018 in the case of Korena Marie Russell versus Camden Council.
“It could end up in the Land and Environment Court, but other cases have already been settled,” Mr Heins said. “It is a waste of the court’s time. There are precedents and the council hasn’t been forthcoming with the legislation that shows you need a DA for a caravan.”
In a statement, the council’s director of community, environment and planning Emily Harrison said tiny homes could be a great lower-cost housing option.
“In NSW, development consent is needed for land use – both for a primary dwelling and a secondary dwelling,” Ms Harrison said.
”The tiny home itself also needs approval either as a building through the DA process, or potentially under the Local Government Act if it meets the definition of a caravan and has the required compliance plate.
“However, there are a number of products that don’t meet these definitions. If you’re considering purchasing a tiny home, visit our website for further information or contact council before you buy.”
The tiny house that the couple built is sitting on a trailer on a friend’s farm.
On 19 May, a council compliance officer visited the tiny house.
“We had thought perhaps when council conducted their actual investigation, they would have realised it was on a trailer and would not issue an order,” Mr Heins said.
The landowners subsequently received an email on 21 May confirming the tiny house was non-compliant because there was no DA, and that the council would reissue the compliance order.
Mr Heins said the compliance officer did not ask them any questions. He would have welcomed an investigation to ensure it was a safe and healthy dwelling.
He said they were reasonably confident of their understanding of the legislation and wanted to speak up on behalf of others in a similar situation who would otherwise be homeless.
Mr Heins has a letter of support from Federal Member for Eden-Monaro Kristy McBain, which adds she supports tiny homes in general.
State Member for Bega Dr Michael Holland said he had made representations to the Minister for Planning and Public Spaces and the Minister for Housing and Homelessness seeking progress on the review of the use of moveable dwellings and the use of secondary dwellings as a short-term solution to housing shortages.
“We love where we are,” Mr Heins said. “The thought of having to move away would be a real shock.
“We are not asking anything of council other than working with us to make sure that our tiny home and others in this situation have a safe and healthy dwelling. Beyond that, it is pretty basic: don’t kick us out.”
Their petition ”Stop tiny house evictions: time for Bega Council to act” has 20,000 signatures.
