Brisbane Granny Flat Loophole Closed - BCC action expected to ramp up

Hi All

I did mention this deep in another thread but thought it worthy of it's own thread.

Having considered the changes in City Plan in the major amendment in December, discussed with barristers etc, the loophole for renting Granny Flats out separately (using rooming accommodation code) has been closed and we have been unable to find another one.

Those people who put in applications prior to the change in December (with us or elsewhere) are assessed under the old code.

Given that this loophole was purposely closed we would expect that BCC will now ramp up their compliance and enforcement action.

BCC typically discovers these by:
1. complaint from tenant or neighbour;
2. gumtree or real estate portal ads for granny flat for rent, part house for rent or 1a/1b Smith St, Smithville
3. RTA lodgements.

Will update if we start to see higher volume of show cause or enforcement notices.

 

Do you think other neighbouring councils will make similar rulings? and if not why?

Can owners get around the loophole by way of making a sub lease / addition from the main residence property if already rented for example.

 

I’m pretty confident Logan is next

 

Is this the change where they now no longer allow more than one kitchen in a 5 bedroom boarding house/rooming accommodation setup? Or are there now additional changes?

Thanks

 

You it is strictly limited to 1 dwelling. That is 1 kitchen, 1 laundry, individual bedrooms could be locked off but you would need free movement in common areas

 

I don't think so, but curious how it would unfold in practice if a previously Granny Flat friendly council were to change in this way.

How would they manage all the investors who had purchased dual key homes and built secondary dwellings based on the rules at that time? Would properties built under the code at that time still be able to be rented individually? Would seem unfair if that was not the case, not many "single households" would want a dual key house I wouldn't imagine...

 

Also, question for @RPI - there are heaps of houses in BCC set up as dual occupancy where the owners live upstairs and they rent out the downstairs, usually with a kitchenette and bathroom etc, is this permitted?

 

Im pretty sure not unless its a related party. And again only if the common areas are accessed by all.

 

Absolutely Not. A class 1a dwelling - a dwelling house under BCC. A dwelling house may be occupied by a single household of no more than 5 unrelated people. A household is people who live together longterm and share the common necessities of life - eg food.

 

'It's widespread': Thousands of Brisbane homeowners may be breaking the law with granny flats

Newspaper interview I did on this topic. The multiple dwelling part is a little wrong but did pretty good job for a journo.

 

How would this apply to using a granny flat for Airbnb if the flat doesn't have a full kitchen and guests share our laundry?

 

Airbnb is an unlawful use regardless

 

Anyone hear the dodgy property lawyer talking on ABC radio about this today? .... Great face for radio I've heard

 

Logan allows granny flats to be rented separately, BCC does not, that is the difference. The issue is that Logan now want to charge infrastructure fee for any new GF...

 

If we do a non-complying Granny Flat DA now then you can extend the time to build and not be hit with infrastructure charges, but time is running out.