NSW Can I build duplex on this lot?

Discussion in 'Where to Buy' started by Jessi, 27th Jul, 2021.

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  1. Jessi

    Jessi Active Member

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    83C596DF-FB74-4E27-8645-851714FA922B.jpeg Hi, lot is 700sq, council rule says can only build attached dual occupancy. But solicitor mentioned this DP is ristricting to have one building only on the lot. Is that right? So no granny or duplex down the track?

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    83C596DF-FB74-4E27-8645-851714FA922B.jpeg
     
  2. Harry Marcus

    Harry Marcus Well-Known Member

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    I wouldn't like your chances.
     
  3. dabbler

    dabbler Well-Known Member

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    Just ask the council, a lot of estates had these things before the rule allowing GFs, if it is a complying development, then, that is what it is.....
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Is the lot subdivisible? Then attached d/o is still one per lot :D
     
  5. dabbler

    dabbler Well-Known Member

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    I have seen them where the old original estate notation on title were irrelevant.

    And GFs are not meant to be on separate lots ?
     
  6. Jessi

    Jessi Active Member

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    Yeah, it also sayed applys to every lot that is like the whole street. And I also checked another contract in the same suburb but different street which also had this. So I'm thinking this could be some old rule back in the days when they are developing this area.

    Coucil would know ?
     
  7. Jessi

    Jessi Active Member

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    My preference is to rebuild a duplex to add value down the track. GF is just another option.
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    By the looks of it, it's an outdated covenant (before town planning was a thing so developers restricted what could be done on the subdivision). You would need to apply to get it removed.
     
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  9. dabbler

    dabbler Well-Known Member

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    Duplex is not same as a GF, a GF can be done via different rules, a duplex is entirely up to the council, each one will have own guidelines for what blocks may be workable.

    I have done one before, but you shop around for a block that lends itself to building a duplex, even then, council can force you to do some very expensive things....

    On these estates, most will be too small to meet requirements for duplex, anyways, start by talking to council if you want duplex, you will know pretty quick if yes or no.
     
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  10. dabbler

    dabbler Well-Known Member

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    Yeah, quite often block have these as developer may have had conditions imposed to get subdivision.....if they are older, you can often work around some things.

    It is a bit of a joke these days, I have looked at places where they stipulate building material etc, but today, builders and companies are very creative, so you end up with wildy variable looking homes anyway, so it defeats the purpose.

    It worked back in the 90s and shortly after & in some new estates it works, you get the cookie cutter suburb, rows and rows of very similar houses...

    I have had a few with irrelevant old covenants, some they are still relevant 50 years on.
     
  11. bmc

    bmc Well-Known Member

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    @Jessi is this the same property you purchased with the easements across the rear boundary ?

    some restrictive covenants over time have become irrelevant like, minimum building cost $, type of external materials, no washing hanging out the backyard, no illicit services or gambling, no fence in front of building line, etc etc etc.

    but beware some restrictions may still be enforceable.
    there are things to consider like who imposed the covenant or if it has been superceded by the current local government control plans.

    yes the council duty planner is someone who could confirm this or your town planner.

    to amend or vary the covenant you could apply for a planning permit and / or apply to have it removed from the title with an application to the LRS.

    and as mentioned many times before :-

     
  12. Jessi

    Jessi Active Member

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    Thanks all. Not successful in the offer price. So moved on to the next now ... Such a hot market.
     
  13. ParraEels

    ParraEels Well-Known Member

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    Dont buy thinking that you may build the duplex in future. Council rules may change in future and you may not allow building duplex. Parramatta Council after amalgamation (some area of hills, auburn, hornsby) aligning the LEP and DCP control and may properties are not affected by the new change. Duplex was allowed when the land was purchased but it will be not permitted after the new LEP.