Tiny house residents forced to find new home after Yarra Ranges Council serves up building order
- Replies 6
For the most part, Evrim Sen's tiny house on wheels has allowed her to have the serene and idyllic lifestyle she'd always dreamed of.
Parked on a private property in Belgrave South, in outer Melbourne, it has more importantly provided Mrs Sen and their spouse Benny Redfern safety and security during the housing crisis, for almost two years.
Mrs Sen is the registered carer for Benny, who suffers from a chronic health condition.
"Renting also wasn't really the solution either for us in terms of the costs, so this was a much, much cheaper, long-term alternative for us," Mrs Sen said.
"We wanted to downsize, we wanted to live purposefully and have more time to do the things that mattered to us, and to be able to volunteer and do those things that we care about. And it's been incredible," she said.
But their peaceful life on Melbourne's outskirts is soon coming to an end.
The owners of the land on which Evrim and Benny's tiny home is parked have been served a building order by the Yarra Ranges Council's surveyor, demanding the tiny home is demolished — unless council can be satisfied it complies with the building code.
In correspondence to the couple, the council said another option would be for the pair to appeal through the Victorian Civil and Administrative Tribunal (VCAT).
It came as a shock to Mrs Sen, who was under the impression the tiny home on wheels was classified as a caravan, not a building, and was constructed to be roadworthy — not to comply with building standards.
To make it compliant with the building code, Mrs Sen said the home would need to be rebuilt from scratch.
"The dwelling is on wheels and it's never going to meet the building codes in that manner … it's really tricky that there's no compromise and that there's no middle ground."
Mrs Sen said the day they found out about the building code was heartbreaking.
"I remember just having the worst day and having to just leave and go straight to see my friends and just cry, because I did not know how to process the devastation,"
she said.
"I was like, you're putting us at risk of homelessness, and I want to work with you, but I am so stressed and so panicked right now that I can't, I'm very angry. I'm very upset."
He goes on to say that a vehicle "adapted to be occupied and used as a building" would also need a building permit.
Mrs Sen said she thought local laws permitted her to live in a caravan on private property, as long as she was not creating a nuisance.
"We thought we were doing the right thing by making sure what we lived in was, you know, technically a caravan on wheels," she said.
"We really thought that the council would find a way to work with us as long as we were patient and persistent and professional. But unfortunately, that is not the case."
Evrim and Benny are now looking to move into a house, outside the council area.
"We're going to have to leave because we don't feel safe staying here, and that's really, really disappointing. We definitely can't buy around here it's way too expensive."
Fifteen minutes down the road in Monbulk, Dayne Barkley is in a similar situation — his landlords have been served a building order too.
Mr Barkley's tiny house on wheels is off-grid and self sufficient.
He said he and his chickens wouldn't be moving.
"I'm confident in pretty much the whole set-up and what I've sort of done here, and don't want to leave for multiple reasons," he said.
"Mental health is a big one too, because I'm very peaceful out here, and it helps with a lot of things going on my life that are challenging and difficult."
"We feel that there should be an overarching state legislation to address this," Ms Jenkins said.
"With the housing crisis most councils have told us off the record that they are empathetic to the plight of people living in tiny houses. They're aware that there's a massive problem, they're aware that tiny houses are not addressed in legislation and most tend to come to a solution that keeps all parties happy.
"Unfortunately, that's not happening in this particular case which is disappointing."
She said while she'd seen similar cases "occasionally", the number of people being evicted was "minimal".
"I want to let people know that it's really nothing to fear … the number of people that are actually being moved on versus the number of people actually going tiny is absolutely infinitesimal."
"Council takes the housing crisis seriously and we continue to advocate to the state government, the Department of Transport and Planning, and the Victorian Building Authority to ensure clear rules and regulations for safe, lawful, and appropriate housing choices for all Victorians," a spokeswoman said.
She noted the Yarra Ranges municipality was classed as a Green Wedge Council, has Green Wedge Zones and Rural Conservation Zones and that "many properties are also in areas of identified risk from bushfire, flooding or landslip".
"This means that both planning and building permits are required for any structure that is being used for accommodation," the spokeswoman said.
"Under building regulations, if a Tiny Home on Wheels is lived in it is then classed as a residence. As a residence it is a 'classifiable' structure under the Building Act 1993 and requires a building permit."
According to the council, there are currently 17 cases of people living in tiny homes where permits are required in the local government area.
"Council officers work closely with owners and occupants to explain permit requirements and assist them to resolve any known breaches whenever possible," the spokeswoman said.
The Victorian government did not answer specific questions on the record about tiny house guidelines, but said it was "pulling every lever to build more homes".
Written by Alexandra Alvaro, ABC News.
Parked on a private property in Belgrave South, in outer Melbourne, it has more importantly provided Mrs Sen and their spouse Benny Redfern safety and security during the housing crisis, for almost two years.
Mrs Sen is the registered carer for Benny, who suffers from a chronic health condition.
"Renting also wasn't really the solution either for us in terms of the costs, so this was a much, much cheaper, long-term alternative for us," Mrs Sen said.
"We wanted to downsize, we wanted to live purposefully and have more time to do the things that mattered to us, and to be able to volunteer and do those things that we care about. And it's been incredible," she said.
But their peaceful life on Melbourne's outskirts is soon coming to an end.
The couple were under the impression their tiny home on wheels was classified as a caravan, not a building. (ABC News: Alexandra Alvaro)
The owners of the land on which Evrim and Benny's tiny home is parked have been served a building order by the Yarra Ranges Council's surveyor, demanding the tiny home is demolished — unless council can be satisfied it complies with the building code.
In correspondence to the couple, the council said another option would be for the pair to appeal through the Victorian Civil and Administrative Tribunal (VCAT).
It came as a shock to Mrs Sen, who was under the impression the tiny home on wheels was classified as a caravan, not a building, and was constructed to be roadworthy — not to comply with building standards.
To make it compliant with the building code, Mrs Sen said the home would need to be rebuilt from scratch.
"The dwelling is on wheels and it's never going to meet the building codes in that manner … it's really tricky that there's no compromise and that there's no middle ground."
Mrs Sen said the day they found out about the building code was heartbreaking.
"I remember just having the worst day and having to just leave and go straight to see my friends and just cry, because I did not know how to process the devastation,"
she said.
"I was like, you're putting us at risk of homelessness, and I want to work with you, but I am so stressed and so panicked right now that I can't, I'm very angry. I'm very upset."
Building or caravan?
In correspondence seen by the ABC, the council's building surveyor states that it is his opinion a tiny home or caravan "designed, constructed or adapted to be occupied and used as a building, on land other than a caravan park" comes under the provisions of the Building Act, therefore requiring a building permit.He goes on to say that a vehicle "adapted to be occupied and used as a building" would also need a building permit.
Mrs Sen says it has been impossible to find a way to work with the local council. (ABC News: Alexandra Alvaro)
Mrs Sen said she thought local laws permitted her to live in a caravan on private property, as long as she was not creating a nuisance.
"We thought we were doing the right thing by making sure what we lived in was, you know, technically a caravan on wheels," she said.
"We really thought that the council would find a way to work with us as long as we were patient and persistent and professional. But unfortunately, that is not the case."
Evrim and Benny are now looking to move into a house, outside the council area.
"We're going to have to leave because we don't feel safe staying here, and that's really, really disappointing. We definitely can't buy around here it's way too expensive."
Dayne Barkley, who lives in a tiny house in Monbulk, says he and his chickens won't be moving. (ABC News: Peter Drought)
Fifteen minutes down the road in Monbulk, Dayne Barkley is in a similar situation — his landlords have been served a building order too.
Mr Barkley's tiny house on wheels is off-grid and self sufficient.
He said he and his chickens wouldn't be moving.
"I'm confident in pretty much the whole set-up and what I've sort of done here, and don't want to leave for multiple reasons," he said.
"Mental health is a big one too, because I'm very peaceful out here, and it helps with a lot of things going on my life that are challenging and difficult."
'No consistency' in council approach
Tiny House Industry Australia director Briony Jenkinson said there was no overarching state legislation when it came to tiny homes and that there was "no consistency" in the approach of Victoria's 79 councils."We feel that there should be an overarching state legislation to address this," Ms Jenkins said.
"With the housing crisis most councils have told us off the record that they are empathetic to the plight of people living in tiny houses. They're aware that there's a massive problem, they're aware that tiny houses are not addressed in legislation and most tend to come to a solution that keeps all parties happy.
"Unfortunately, that's not happening in this particular case which is disappointing."
There have been calls for consistency in the approach different councils take to tiny homes. (Supplied: Aussie Tiny Houses)
She said while she'd seen similar cases "occasionally", the number of people being evicted was "minimal".
"I want to let people know that it's really nothing to fear … the number of people that are actually being moved on versus the number of people actually going tiny is absolutely infinitesimal."
Council seeking clarification
Yarra Ranges Council said it was working on providing clear information on the use and development of tiny homes, and that it was advocating for state-level policy guidance."Council takes the housing crisis seriously and we continue to advocate to the state government, the Department of Transport and Planning, and the Victorian Building Authority to ensure clear rules and regulations for safe, lawful, and appropriate housing choices for all Victorians," a spokeswoman said.
Yarra Ranges Council says it takes the housing crisis seriously, but wants state-level policy guidance on tiny homes. (Yarra Ranges Council website)
She noted the Yarra Ranges municipality was classed as a Green Wedge Council, has Green Wedge Zones and Rural Conservation Zones and that "many properties are also in areas of identified risk from bushfire, flooding or landslip".
"This means that both planning and building permits are required for any structure that is being used for accommodation," the spokeswoman said.
"Under building regulations, if a Tiny Home on Wheels is lived in it is then classed as a residence. As a residence it is a 'classifiable' structure under the Building Act 1993 and requires a building permit."
According to the council, there are currently 17 cases of people living in tiny homes where permits are required in the local government area.
"Council officers work closely with owners and occupants to explain permit requirements and assist them to resolve any known breaches whenever possible," the spokeswoman said.
The Victorian government did not answer specific questions on the record about tiny house guidelines, but said it was "pulling every lever to build more homes".
Written by Alexandra Alvaro, ABC News.
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