I'm considering buying a house in BCC area on a block > 600 sqm with side access. This will be principal place residence. A granny flat will then be built and the owner will move there. The primary house will then be rented out. Would this scenario work from legal perspective?
Sorry I started a new thread with the same title as yours. It was an accident and I guess is creating confusion. I'm watching both your thread and mine in case someone replies with a decent answer.
I think you posted twice on the same question. There was a few replies here Granny flat for owner in BCC If you seek legal advice, rather than forum, you can give RPI office a call
The only council that I am aware of allowing Granny Flat are: Ipswich Logan Moreton Bay Not sure why not BCC and other council, as the effort/money they spent on busting people with illegal GF, they might as well legalize it
Here are some of the links may answer your questions. Granny Flats in Brisbane City Council Areas - Renting Separately Can a granny flat be built on a 600sqm block?? Can you build a granny flat on any house ? In Brisbane ? Illegal Granny Flat in Brisbane Council QLD: Rent out main resident and granny flat separately QLD BCC rental: 5 related parties rule - how does AirBnB fit into this?
You mean the decent answer Like NO. If you rent out your GF separately and are caught by council officers then You will either get: 1. An Enforcement Notice telling you to stop; or 2. A notice to appear at your local Magistrates Court to be prosecuted for breaching the Sustainable Planning Act and the Building Act. If number 2 and you want a $15,000 fine and a criminal record turn up and try and defend yourself. If you want a $2,000 fine and no criminal record then pay someone like myself and a barrister around the same $15k to run a complex defence. During some of the large cases we ran against BCC in the P&E Court on this matter we worked out a loop hole. Said loop hole works for some properties but BCC has changed the regulations to close the loop hole. Once the regs come into force (2 months ish) you have zero chance. To work out if the property will comply and then get compliance you are looking at a minimum of $7,500 plus GST in legal, planning, certifier and actual works on the property. That is an existing property, if it is a new one or the granny flat is new then you are going to have to comply with the accessible buildings provisions, that can be expensive. If you don't have red stamped plans by the time the regs change then you have zero chance. The regs were due to change in December but have been delayed. I believe it is now end of March but they could move earlier than that. BCC hates granny flats/ dual occupancy/ leasing to multiple households. The enforcement team spends a lot of time and effort on it.
The question was not about renting GF, the question was about renting the primary dwelling and living in GF on permanent basis.
If an owner cannot live in the house and rent a GF out why would BCC allow it in reverse? BCC (I believe) says a GF must be lived in by a family member. So that pretty much rules it out whichever way you want to slice it.
No matter which way you describe it, the occupant of the granny flat must be related to the occupant of the main house. You cannot do a separate lease for one (or the other). Or vice versa. Marg
