Contract Clarification for Granny Flat.

Hi everyone,

I've been introduced to this forum recently, as I have recently become interested in investment properties. Thus my knowledge is very limited.

I'm not generally the post a thread or reply sort of guy, so please go easy on me.

My situation is:
I have a keen interest in a particular property in NSW, and was able to negotiate a price which both parties are happy with, however before proceeding I had a quick run through the contract (and will also run it by my solicitor) in regards to the section "Easements and Restrictions as to user intended.... Section 88B" .

My plan with this property is to erect a granny flat, in one of the lines it mentions:

"Not more than one main building shall be erected or permitted to remain on the land hereby burden and no such main building shall be used or permitted to be used other than as a single private dwelling house."

It may just be my lack of knowledge, does that refer that a granny flat can not be erected? I've spoken to a surveyor in regards to having a granny flat in general, and they mention the land size and everything will permit it.

I just wanted clarification before proceeding.


Many thanks.
S

 

Hi Sharky,

I've seen this many times in 88b instruments - you can still build a granny flat just not another 'main dwelling'.

A granny flat is a 'secondary dwelling' so it's all good.

Brazen.

 

Thanks Brazen, takes a bit of weight off my shoulders!