B.C. couple faces fines, legal action over custom-built tiny home on rural property

A couple is facing the threat of a $1,000 penalty and legal action if they do not remove their tiny home from their rural property near Peachland, B.C., by the end of April.

It’s one of at least two cases in the Regional District of Central Okanagan (RDCO) where people living in unconventional homes are being pressured to remove their structures due to safety concerns — putting the homeowners in a situation where they’ll need to find a new place to live in a region with few affordable housing options.

Eight years ago, Ryan King imported a custom-made trailer from the U.S. and constructed a tiny home on land he owns near Peachland, about 25 kilometres southwest of Kelowna, for about $25,000.

The 225-square-foot home is equipped with a kitchen, two loft bedrooms, a small wood-burning stove and a bathroom with a shower and composting toilet. King milled a large tree on the property to build counter space in the home and a spacious deck attached to the front of the trailer.

‘Reasonable and sustainable way to live’

King said only grey water from the home’s sinks goes back onto the land. He placed the tiny home on a level area on his secluded, 12-acre property which has a small creek running through it in the valley bottom.

“I think this is a very sustainable and reasonable way to live,” King said.

“I like the idea that [the tiny home] is on wheels. I can just take the deck out of the way, throw the wheels on and haul out of here at any given time, which is great for wildfire season.”

For five years, King and his wife Lisa McIntyre lived an off-grid and sustainable lifestyle with their dogs in their tiny home without any issues.

However, three years ago the regional district posted a “stop work order” on their front door.

Home doesn’t conform with building standards

“I called up the regional district and said, ‘hey, what’s this all about? I’m not building. I’ve been living here for years.’ And the bylaw officer informed me that [the tiny home] is not allowed,” King said.

Since then King and McIntyre have been fighting with the district to stay in the home.

A letter King shared with CBC News from the RDCO lays out the issues the district has with the structure.

“It does not align with the B.C. building code, CSA safety standards or land use regulations. It is neither a certified tiny home nor a CSA classified recreation vehicle,” the letter states.

“The wastewater system you are currently using is not permitted in this streamside aquatic protected area.”

If King does not remove the structure by the end of April he will be issued a $1,000 penalty and the dispute will be settled in provincial court, the letter states.

“It’s devastating. The thought of it, given the deadline to be out of our place and you don’t know where you are supposed to go, is mentally draining,” McIntyre said.

Senior living in an RV on a rural property

King and McIntyre are not the only people living in an unconventional home facing pressure from the RDCO.

Jim Frank, 74, lives in an RV on a property about two kilometres south of Kelowna.

For $850 a month in rent and utilities, Frank gets a secluded space and garden area. There are two other RV owners with a similar arrangement on the property, according to Frank.

However, his landlord is facing fines and legal action from the RDCO over the unpermitted RVs.

CBC News has not been able to reach Frank’s landlord and the regional district has not provided details of his case, saying it only deals with landowners.

For Frank, the thought of having to leave the property is daunting.

The Central Okanagan is one of the fastest growing regions in the country. Last year the city of Kelowna released a housing needs assessment that shows a deficit of up to 5,000 homes, with seniors, refugees, and people with disabilities facing the greatest challenges in finding homes.

With only his $2,000 a month pension as income, Frank said he’ll likely end up homeless if he’s forced to leave the property.

“I have no resources to move and my pension is not enough for me to rent a room somewhere,” Frank said.

Homes need to meet building and safety standards

In an email to CBC News the RDCO said the housing crisis is something it is aware of, but the district needs to “ensure homes meet standards and are safe for current and future residents.”

In an interview with CBC News, RDCO development and engineering services director Todd Cashin couldn’t say how many people are living in unpermitted structures or RVs in the regional district, but he said municipalities are seeing more and more cases because of the housing crisis.

RVs, tiny homes and mobile homes are allowed in permitted zones, Cashin said, as long as property owners abide by provincial and municipal regulations.

When asked what responsibility the RDCO has in ensuring bylaw enforcement does not make people homeless, Cashin said the district tries to work with owners to come up with solutions for issues on private property.

“We are doing out best to change policy and change bylaws so that there are more housing options available for people, but again, it has to be done in a safe way that is safe for people and the environment.”

Meanwhile the Peachland couple and Jim Frank think the regional district needs to adjust its bylaws to allow for structures like the ones they are living in, because of the current housing situation in the region.

“They keep bringing up safety. We’re uber safe,” McIntyre said.

“Nobody is working with us. They give you a deadline and don’t care what happens to you after that.”