At the last census in 2023, Byron Shire had a population of 37,126. Many pundits over the years have guesstimated that another quarter of that is living here in unapproved dwellings and not on the census – maybe another 8,000 souls.
The issue with non-compliant residences puts Byron Shire Council in a difficult position. In the middle of a dire housing shortage, it could be forced to crack down on these premises and issue demolition orders while, on the other hand, trying to find more ways to house people. Quite a quandary!
When you add the 2.5 million annual tourists and the estimated five to ten thousand permanent residents using the roads, services, and infrastructure, the Council is missing out on rates, development contributions, and state government funds for schools, roads and government services. That is an economic quandary!
Cash Rental
The situation is also under pressure from the other end. The ATO is now targeting landlords who get cash rentals from tenants living in illegal studios, cabins, garages, yurts, tiny homes, humpies, etc. The Australian Tax Office is ramping up efforts to address tax evasion within the residential investment property sector. I have heard anecdotally that they are paying particular attention to the Northern Rivers.
The ATO is asking banks to provide transaction data on millions of landlords, and state regulators are being asked to track those who do not disclose rental income. This crackdown aims to enforce tax laws and ensure compliance in the property sector.
Council’s Challenge
The presence of unauthorised dwellings has been a persistent issue for the Council, which described the situation in 2020 as “thousands of unauthorised dwellings littered throughout the shire.” Despite acknowledging the problem, the Council has not specified how many there are, and there is no way of calculating the number. We can assume that the number is escalating due to cost-of-living pressures, the housing shortage, and the Council is still not releasing adequate new housing.
While shutting down these dwellings may seem counterproductive during a housing crisis, the Council is legally obligated to enforce compliance with planning and safety regulations. Many structures lack proper sanitation, fire safety measures, and environmental protection. This poses a risk to residents, the broader community, and especially first responders like the RFS volunteers in a bush fire when they do not know where people are.
The Council is obligated to enforce non-compliance orders whenever notified by a member of the public. Often, this is weaponised by irate ex-tenants or cranky neighbours who complain on the Council’s dob-in-online form. Council’s compliance officers find themselves doing dirty work in neighbourhood disputes.
In 2022, Byron Shire Council introduced its Unauthorised Dwelling Guidelines, outlining three pathways to address the issue. It asks all landowners and landlords to find a way to comply. Many of these pathways will lead through the bush, over the creek and along a 4WD track to a DIY structure with no DA, no CC (Construction or Occupation Certificate), and no compliance history. The end of this pathway will probably lead to a demolition order.
Conclusion
The issue of unauthorised dwellings in Byron Shire is a complex and evolving challenge. The Council is in a no-win position, while at the same time, people who have lived in the hinterland for decades in alternative, low-cost homes that have served them well should be cut some slack. Unfortunately, if anything, regulations, building standards and bushfire safeguards are only getting more stringent and expensive to comply with.
As a buyer’s agent and vendor advocate, I continually deal with problems with approvals. When I started in the ’90s, most rural dwellings I dealt with were as unfamiliar with DA approval as dreadlocks with shampoo. These days, I encourage everyone to get compliant if they can—especially before going to market. I also find that today’s new buyers (and their city solicitors) have no appetite for dodgy, unapproved structures or under-the-radar rentals.
Something will have to give at some time. It will be interesting to see what it is—and when!