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When having to go means facing $25,000 legal fight: Tiny house battle could change housing rules

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When having to go means facing $25,000 legal fight: Tiny house battle could change housing rules

1755669318367.png When having to go means facing $25,000 legal fight: Tiny house battle could change housing rules
One homeowner argues his tiny house should be treated as a vehicle rather than a building. Credit: YouTube

Josh Heins and his partner Manu Bohn thought they'd found the perfect solution to Australia's brutal housing crisis. Build a tiny house, park it on a mate's farm, save money, and eventually buy their own place. It's the kind of resourceful thinking that used to be called 'having a go.'



Instead, they're now facing a potential $25,000 legal bill and the threat of a $1 million fine - all for trying to put a roof over their heads during the worst housing crisis in generations.



The NSW couple's David and Goliath battle with Bega Valley Shire Council has become a flashpoint in the national debate over housing solutions, highlighting just how desperate things have become for ordinary Australians trying to secure affordable homes.



In this article




'Living in a tiny home gave us an opportunity to get ahead for the future. It's the classic 'having a go''

Josh Heins



A housing crisis hitting home



The numbers paint a stark picture: home prices rose by 4.9 per cent in 2024, while rents increased by 4.8 per cent in 2024 and 1.7 per cent in early 2025. Households with a new mortgage now spend 50 per cent of their income on housing, while tenants spend 33 per cent of their household incomes on rent.









For many older Australians on fixed incomes, these figures represent an impossible equation. In the ten years to March 2025, median advertised rents in Australia jumped by almost 50 per cent and 1.26 million low-income households were in financial housing stress in 2024-25. Little wonder that people are looking for creative solutions.



Josh and Manu's story began two years ago when they moved their 12-square-metre home on wheels to a friend's property in Coolagolite, near the NSW south coast. They believed their structure qualified as a caravan under NSW regulations, meaning no council approval was needed. For two years, they lived quietly, contributing to the farm work in exchange for their small corner of land.









Then in April, everything changed. They were slapped with a draft order to remove or demolish the home in accordance with NSW Environmental Planning legislation in May 2025. Failure to comply would result in legal proceedings and up to $1 million in fines.



The legal battleground



The matter has now been escalated to the Land and Environment Court of NSW, where Heins has been told even 'simple' cases can cost up to $25,000 to resolve. 'Once a council have issued compliance orders, the only way to challenge [it] is to make an appeal to the court, which is obviously a huge rigmarole,' he said.



But there's hope in legal precedent. In 2018, a Sydney family successfully challenged Camden Council in a landmark case that could provide crucial support for Josh and Manu's position.










The Russell v Camden Council precedent (2018)


Senior Commissioner Susan Dixon ruled in the NSW Land and Environment Court that the Russell family was well within their rights to keep their mobile structure on their property, stating 'there can be no doubt that the structure is a caravan used for human habitation and thereby within the definition of a moveable dwelling.'


The key factor was that, despite having cabin-like characteristics, the wheels and registration meant it could still be considered a caravan.




The homeowners won the case against the Land and Environment Court, as the 'mobile structure' was a caravan, not a temporary structure, thereby classifying it as a moveable dwelling that was capable of being used for human habitation in conjunction with the main dwelling. As the family won the case, this set a precedent for all caravans from then on.



The regulatory maze



Part of the problem lies in the complex web of regulations governing tiny houses across Australia. Some councils now recognise them as legitimate dwellings, while others classify them as caravans. Recent policy changes in states like Western Australia and Victoria show a trend towards greater acceptance of tiny homes as a housing option.



The rules vary dramatically:











  • In Australia, your tiny house must be under 2.5m wide, 4.3m high and 12.5m long. They must also be no more than 4.5 tonnes.
  • In most states, legislation limits stays to two consecutive days, and less than 60 days per year.
  • In Western Australia, as of September 1, 2024, residents can now live in tiny homes on private property for up to two years with council approval.



Alternative housing solutions for older Australians



For seniors facing housing stress, tiny houses represent just one option in a growing array of alternative housing solutions. Understanding these options could be crucial as traditional housing becomes increasingly unaffordable.



Granny flats and secondary dwellings



Gone are the days when Granny Flats were reserved for housing elderly family members. Now they are considered secondary dwelling units — self-contained one-to-two bedroom / one bathroom dwellings of at least 60 square metres internally, fit for anyone looking for their own space.









As a registrable caravan, for most properties, your VanHome can be easily added as a second dwelling without the need for council building approvals. Whether you want to secure a plan for retirement, extend the family home with a granny flat or enjoy a holiday home, find out how a transportable home can help.



Residential parks and villages



Residential parks may be co-located within caravan parks or purpose-built and referred to as a residential village, lifestyle village or manufactured home. They have evolved from caravan parks and cater specifically to older people. Looking like retirement villages, they may have facilities like a community centre, bowling green, libraries and even a mini-cinema, although this will vary from village to village.










Alternative housing options for seniors



  • Transportable homes/VanHomes that qualify as registered caravans

  • Granny flats as secondary dwellings (may not need council approval)

  • Residential parks and villages specifically designed for older people

  • Caravan parks offering longer-term accommodation

  • House sharing arrangements to split costs








Community support and the push for change



Josh and Manu started a Change.org petition demanding a moratorium on tiny house evictions in NSW until a clear, safe, and legal pathway for tiny home-ownership is established, which attracted almost 30,000 signatures. Bega Valley Shire Council voted on the petition, with Heins gathering supporters at the council office to show the petition 'isn't just a piece of paper' but a demand for compassion in the housing crisis.



Did you know?


Did you know?
Homeownership levels among young adults have fallen to record lows, and the average age of a first-time buyer has risen to around 35 from 25 since the turn of the century. Since Gallup started asking people worldwide about their satisfaction with the availability of good, affordable housing in 2006, the 16 per cent satisfaction rate recorded among 18- to 34-year-olds in Australia is among the lowest totals ever measured.



The petition reflects broader community frustration with housing policy. As Heins argues, 'Council keeps saying that they need more clarity from the state government. We're saying to them, while we're all waiting for that clarity, how about you don't pursue any compliance orders that would leave residents without a home.'



What this means for older Australians



For seniors watching this case unfold, several important considerations emerge:









Legal precedent matters: The 2018 Russell v Camden decision provides hope that properly registered tiny houses on wheels may have legal protection under caravan regulations.



Alternative planning is essential: With housing costs continuing to outpace pension increases, having backup housing plans becomes increasingly important.



Community support exists: The strong petition response shows significant community backing for alternative housing solutions during the crisis.







The broader implications



Council Director Emily Harrison said Council is advocating to the NSW Government to simplify and modernise the legislative framework around moveable dwellings. 'While the NSW Government has indicated that modernising current legislation is no longer a priority, we remain committed to advocating for change.'



This tension between immediate housing needs and regulatory frameworks reflects a broader challenge across Australia. The State of the Housing System 2025 report estimates that 938,000 homes will be built during the 5-year National Housing Accord period, which ends in mid-2029 – 262,000 homes short of the 1.2 million target.



For older Australians, particularly those on fixed incomes, these shortfalls represent more than statistics – they represent potential homelessness or housing stress that can seriously impact health and wellbeing.






What This Means For You


Whether they win or lose, Josh and Manu have already achieved something significant – they've brought national attention to the need for housing policy reform and shown that sometimes, 'having a go' means standing up not just for yourself, but for everyone facing the same impossible choices in Australia's housing crisis.



What do you think about tiny houses as a solution to the housing crisis? Have you or someone you know considered alternative housing options? Share your thoughts and experiences in the comments below.





  • Original Article


    https://www.9news.com.au/national/t...n-change/b7a4f440-a547-499d-b082-3ec62fd3264a





  • Australia Housing Crisis: Why Are Homes So Expensive, How Bad Is Property Market - Bloomberg

    Cited text:


    Excerpt: The numbers paint a stark picture: home prices rose by 4.9 per cent in 2024, while rents increased by 4.8 per cent in 2024 and 1.7 per cent in early 2025.



    https://www.bloomberg.com/news/feat...e-they-so-high-what-are-the-election-policies





  • Bega Valley couple facing homelessness as council insists their tiny home on wheels needs a DA | About Regional

    Cited text: They bought a trailer, an engineer designed the framing, and the couple built the house.


    Excerpt: In the ten years to March 2025, median advertised rents in Australia jumped by almost 50 per cent and 1.26 million low-income households were in financial housing stress in 2024-25.



    https://aboutregional.com.au/bega-v...-their-tiny-home-on-wheels-needs-a-da/478423/





  • Bega Valley couple facing homelessness as council insists their tiny home on wheels needs a DA | About Regional

    Cited text: It tells them to remove or demolish the house. Failure to comply could make the landowners liable for $1 million in costs.


    Excerpt: They were slapped with a draft order to remove or demolish the home in accordance with NSW Environmental Planning legislation in May 2025.



    https://aboutregional.com.au/bega-v...-their-tiny-home-on-wheels-needs-a-da/478423/





  • Council warns tiny homes protesters there'll be no debate or vote - 2EC

    Cited text: Mr Heins has been scheduled on the agenda to address councillors at midday as part of the public forum session at the meeting.


    Excerpt: The matter has now been escalated to the Land and Environment Court of NSW, where Heins has been told even 'simple' cases can cost up to $25,000 to resolve.



    https://www.2ec.com.au/local-news/council-warns-tiny-homes-protesters-therell-be-no-debate-or-vote/





  • Council warns tiny homes protesters there'll be no debate or vote - 2EC

    Cited text:


    Excerpt: The matter has now been escalated to the Land and Environment Court of NSW, where Heins has been told even 'simple' cases can cost up to $25,000 to resolve.



    https://www.2ec.com.au/local-news/council-warns-tiny-homes-protesters-therell-be-no-debate-or-vote/





  • Planning Application Search - Camden Council

    Cited text:


    Excerpt: Senior Commissioner Susan Dixon ruled in the NSW Land and Environment Court that the Russell family was well within their rights to keep their mobile structure on their property, stating 'there can be no doubt that the structure is a…



    https://planningrecords.camden.gov.uk/





  • Short term lettings and planning permission - Camden Council

    Cited text:


    Excerpt: The homeowners won the case against the Land and Environment Court, as the 'mobile structure' was a caravan, not a temporary structure, thereby classifying it as a moveable dwelling that was capable of being used for human habitation in…



    https://www.camden.gov.uk/short-term-lettings-planning-permission





  • Are tiny homes legal in Australia? Building Laws [2025 Guide] - Instant Living

    Cited text: Some councils now recognise them as legitimate dwellings, while others classify them as caravans.


    Excerpt: Some councils now recognise them as legitimate dwellings, while others classify them as caravans.



    https://instantliving.com.au/are-tiny-homes-legal-in-australia/





  • Are tiny homes legal in Australia? Building Laws [2025 Guide] - Instant Living

    Cited text: Recent policy changes in states like Western Australia and Victoria show a trend towards greater acceptance of tiny homes as a housing option.


    Excerpt: Recent policy changes in states like Western Australia and Victoria show a trend towards greater acceptance of tiny homes as a housing option.



    https://instantliving.com.au/are-tiny-homes-legal-in-australia/





  • Tiny House Regulations in Australia - What You Need to Know

    Cited text: In Australia, your tiny house must be under 2.5m wide, 4.3m high and 12.5m long. They must also be no more than 4.5 tonnes.


    Excerpt: In Australia, your tiny house must be under 2.5m wide, 4.3m high and 12.5m long.



    https://blog.aussietinyhouses.com.au/tiny-house-regulations-australia/





  • Tiny House Regulations in Australia - What You Need to Know

    Cited text: In most states, legislation limits stays to two consecutive days, and less than 60 days per year.


    Excerpt: In most states, legislation limits stays to two consecutive days, and less than 60 days per year.



    https://blog.aussietinyhouses.com.au/tiny-house-regulations-australia/





  • Caravan Parks | Housing For The Aged Action Group

    Cited text:


    Excerpt: Gone are the days when Granny Flats were reserved for housing elderly family members.



    https://www.oldertenants.org.au/resource-themes/caravan-parks





  • Housing Options | Housing For The Aged Action Group

    Cited text:


    Excerpt: As a registrable caravan, for most properties, your VanHome can be easily added as a second dwelling without the need for council building approvals.



    https://www.oldertenants.org.au/i-need-help/housing-options





  • Could the council force a home owner to remove a caravan from her land? Which case won? - Stacks Law Firm

    Cited text: The home owners disagreed. Who won?Korena Marie Russell v Camden Council · [2018] NSWLEC 1159, the Land and Environment Court found in favour of the h...


    Excerpt: Residential parks may be co-located within caravan parks or purpose built and referred to as a residential village, lifestyle village or manufactured home.



    https://stacklaw.com.au/wcw/could-t...remove-a-caravan-from-her-land-which-case-won





  • Council warns tiny homes protesters there'll be no debate or vote - 2EC

    Cited text: ...


    Excerpt: As Heins told 9news.com.au: 'We've had to divert all of our energy to this thing that just honestly feels like a waste of time.'



    https://www.2ec.com.au/local-news/council-warns-tiny-homes-protesters-therell-be-no-debate-or-vote/





  • Tiny home on wheels owner calls on supporters to bombard council with calls and emails - Power FM Bega Bay

    Cited text:


    Excerpt: As Sen noted: 'A lot of people living in tiny houses are much worse off, they have less options financially.



    https://www.powerfmbegabay.com.au/l...owner-calls-on-supporters-to-bombard-council/





  • Bega Valley couple facing homelessness as council insists their tiny home on wheels needs a DA | About Regional

    Cited text: ... Please log in or register to comment. ... Everyone’s talking about them breaching council laws, what about the unpaid taxes.


    Excerpt: Josh and Manu started a change.org petition demanding a moratorium on tiny house evictions in NSW until a clear, safe, and legal pathway for tiny home-ownership is established, which attracted almost 30,000 signatures.



    https://aboutregional.com.au/bega-v...-their-tiny-home-on-wheels-needs-a-da/478423/





  • Housing affordability - Australian Institute of Health and Welfare

    Cited text: Gurran N, Hulse K, Dodson J, Pill M, Dowling R, Reynolds M and Maalsen S (2021) Urban productivity and affordable rental housing supply in Australian ...


    Excerpt: Homeownership levels among young adults have fallen to record lows, and the average age of a first-time buyer has risen to around 35 from 25 since the turn of the century.



    https://www.aihw.gov.au/reports/australias-welfare/housing-affordability





  • Housing affordability - Australian Institute of Health and Welfare

    Cited text: Phillips B (2023) Housing costs trends and projections: Research note, Centre for Social Research and Methods, Australian National University.


    Excerpt: Homeownership levels among young adults have fallen to record lows, and the average age of a first-time buyer has risen to around 35 from 25 since the turn of the century.



    https://www.aihw.gov.au/reports/australias-welfare/housing-affordability





  • Bega Valley couple facing homelessness as council insists their tiny home on wheels needs a DA | About Regional

    Cited text: The council says the structure needs a development application (DA) and that a council compliance officer had investigated it on 15 April.


    Excerpt: As Heins argues: 'Council keeps saying that they need more clarity from the state government.



    https://aboutregional.com.au/bega-v...-their-tiny-home-on-wheels-needs-a-da/478423/



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When we came to Australia in 1950, people would buy a block of land, build a garage and live in that until they built their house. That was in the Sydney suburbs. It didn’t look to good for a while but eventually we ended up with the suburbs we had. At least families had somewhere affordable to live.
 
When we came to Australia in 1950, people would buy a block of land, build a garage and live in that until they built their house. That was in the Sydney suburbs. It didn’t look to good for a while but eventually we ended up with the suburbs we had. At least families had somewhere affordable to live.
I certainly remember when you could do that type of thing now we seem to need 3 types of government to tell us how to even breathe. What the hell are local councils for besides ripping people off, ignoring the needs of people like Blundaberg does and only do things THEY think makes them look good. I wish we could get rid of at least Local Councils. They are a waste of space and do absolutely nothing for the folk in each town.
 
I think that it’s time Councils updated their laws to make it easier for people to live in tiny houses. Surely it’s much better than having people sleeping in the streets, or in tents. I can’t understand why more is not being done to help people, who are trying to help themselves. As long as the house has running water, connections to sewage or a system to dispose of waste water etc, I fail to see what the problem is. We could have a whole new industry of firms constructing tiny houses as well as pre-fab homes. There are a few places in northern Tassie doing this already & their houses look good.
Its time for councils to do something useful.
 
In WA 50,s and 60,s the Garage build to live in while building was acceptable. Local Council would ensure Water and Electricity connection with Health overviewing correct Septic tank installation. As long as Home construction progressed, all was A OK. We needed European immigration and skills. It worked.
 
There are so many homeless people around and the councils and governments have these bloody ridiculous laws when people are trying to find affordable accomodation. I understand that councils don't want to have places that can become an eyesore but unless there is more affordable housing being built for the people that can't afford $700+ a week, they should find a solution instead of fining people that are taking the stress off of them
 
When we came to Australia in 1950, people would buy a block of land, build a garage and live in that until they built their house. That was in the Sydney suburbs. It didn’t look to good for a while but eventually we ended up with the suburbs we had. At least families had somewhere affordable to live.
Good point.
 
Law should be chasing actual real criminals & doing something about them, not imposing such ridiculously massive fines for some poor potentially homeless people, this is disgraceful! What a mess this country is in!
 
Bloody councils get the hell out of people's lives they are not hurting anyone
 
I think that someone in the council has had their feathers ruffled and are taking their frustrations out on the couple. The council has little to gain by prosecuting them or any other couple with the current housing crisis. One would think that common sense would prevail but no with some councils.
 
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I think that it’s time Councils updated their laws to make it easier for people to live in tiny houses. Surely it’s much better than having people sleeping in the streets, or in tents. I can’t understand why more is not being done to help people, who are trying to help themselves. As long as the house has running water, connections to sewage or a system to dispose of waste water etc, I fail to see what the problem is. We could have a whole new industry of firms constructing tiny houses as well as pre-fab homes. There are a few places in northern Tassie doing this already & their houses look good.
Its time for councils to do something useful.
what you say is common sense and we all know how rare common sense is. You won't find it in any Council office nor will you find it in most Pollies Offices. I've been doing things to help the people of this town like install footpaths but unless you are up someone's bum you just won't get anything done. Hence I call it Blundaberg because it's one blunder after another.
 
There are so many homeless people around and the councils and governments have these bloody ridiculous laws when people are trying to find affordable accomodation. I understand that councils don't want to have places that can become an eyesore but unless there is more affordable housing being built for the people that can't afford $700+ a week, they should find a solution instead of fining people that are taking the stress off of them
The Councils are so stupid they hit the "illegal parkers" for being in parks or the side of the road EVEN THOUGH THEY KNOW THE PERSON HAS NO MONEY.
 
The Councils are so stupid they hit the "illegal parkers" for being in parks or the side of the road EVEN THOUGH THEY KNOW THE PERSON HAS NO MONEY.
Why are the Councils stupid? Just don’t park there. As an afterthought, how do they know that they have no money?
 
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I have dealt with a few councils over time. You come across the very occasional person employed there who has some common sense, but the rest appear to be university failures who no one else will employ. I have had arguments with one council who said they would charge me if I didn't move a fence. It took a long time for them to accept the fence was a foot onto MY LAND and not on theirs. I also put a barrier on the corner of the property where a lane way and road intersected. I was told to remove that as well. It was purposely made rounded and put a meter onto my land to make it easier for cars and trucks to turn at that intersection. Hoping Josh and Manu win their battle.
 
Why are the Councils stupid? Just don’t park there. As an afterthought, how do they know that they have no money?
Are you serious? They wouldn't have their families living in local parks or beside the road. Obviously Gordon you haven't lived the hard side of life.
 
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I have dealt with a few councils over time. You come across the very occasional person employed there who has some common sense, but the rest appear to be university failures who no one else will employ. I have had arguments with one council who said they would charge me if I didn't move a fence. It took a long time for them to accept the fence was a foot onto MY LAND and not on theirs. I also put a barrier on the corner of the property where a lane way and road intersected. I was told to remove that as well. It was purposely made rounded and put a meter onto my land to make it easier for cars and trucks to turn at that intersection. Hoping Josh and Manu win their battle.
well done you. Obviously Gordon hasn't learned about these people who go to Uni and think they know everything.
I have the same thing if I talk about nursing. When I'm asked "what the hell do you know" I tell them I was probably nursing before their parents were born and I've kept up with the latest in medicine.
 
Once upon a time,you had your house plans drawn up ,lodged them with Council and after a few weeks got the go ahead to build, now they have you running around in circles with all the bloody Red tape B/S etc when you could have had your home built.
 
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