Power to evict

I would like to understand Byron Council’s legal basis and process for evicting home owners from unapproved dwellings on their property and/or forcing demolitions in the instance where the owner refuses to leave or demolish.

For a landlord to evict a renter who refuses to leave, the landlord must first obtain a termination order and warrant for possession from NCAT, and then must give this order to the Sheriff of NSW’s officer, who will forcibly remove the renter and their belongings, with police help if needed. The landlord is not permitted to remove the renter themselves.

However, I cannot find equivalent legislation or precedent case that gives a council power to remove people from unapproved dwellings. Can anyone help me out? Or is this process actually a voluntary one where the council can issue, say, a demolition notice for an unapproved dwelling but has no power to force it to be carried out if the owners don’t willingly comply?

Name withheld

Response from Byron Shire legal counsel Matt Meir:

‘Planning laws are in place to make sure that buildings, and the services (e.g. electricity, sewer) that connect to them are safe, both for occupants and owners, as well as the environment.

‘Structurally unsound buildings are dangerous and unregulated/untreated waste water is not acceptable in any environment.  In addition, it is equally not acceptable for illegal dwellings to be built in areas with high vegetation/conservation value.

‘Everyone who owns land has a responsibility to use it lawfully and building illegal dwellings for rental not only potentially exploits tenants, but takes advantage of the vast majority of landowners who do the right thing and get the necessary building and environmental approvals.

‘Council has powers, under the planning law, to order an unlawful building to be demolished and a consequence of this is that the building must be vacated.’