Dual Key/living/Occupancy Home in Melbourne - Experiences

Hi Guys,
I have a huge 700 type block in Melbourne's west and had different plans but mind changed but now I am in a conundrum as to what I should do with this block. Problem is that it is a new estate and they wont let me subdivide but then I feel will it be worth building a dual key home on top of it? Has anyone tried it in Vic? I know it is big thing in Queensland but any experience in Vic? I know you need to have a smart architect and builder to dodge the rules but can anyone share their experience?

 

Some questions to ask:

- does the restriction/173 agreement (or whatever method the developer/council has used) specifically say you cannot subdivide? Or does it say you cannot build a second dwelling?
- is a dual key counted as a second dwelling in vic? @Tufan Chakir probably knows the answer to this

 

Correct - you will need to take a careful look at your property Title. See and read carefully what the restriction says.
If it is "not more than one dwelling" then dual key option won't help (as each is a dwelling)

Dual key in Vic is really two dwellings....

 

Thanks for your response guys. I am wondering what your experience has been to subdivide a block in a new estate? I was told that subdivision is not allowed but my block is approx 730sqm and with that size, there should not be a big issue in subdivision if it was outside the estate but inside the estate, I am not sure how can I get the approval.

 

A planning permit is required for subdivision and for building two dwellings. A planning permit cannot contravene a restriction/covenant. So if a restriction/covenant states you cannot build a second dwelling, or subdivide, then you will not be able to, unless you get it removed. Which will probably not be possible if its a new estate and recently registered on title.

 

@Tufan Chakir

hello, i have a block in Victoria that can fit 3 units...due to me really only chasing cashflow, if i decide to build a NEW dual key house on the block, will it still need to go through the whole 12 month DA/permit process, or will a standard application for a house to council be enough?

 

Any changes to your current structure require Council approval so I would not be expect dual key/dual occupancy happening until you complete the regular process. I hope this helps.

 

You will need to go through a planning process for the development of 3 units under vic rescode, including clause 55 of the planning scheme (Home - Planning Schemes Online). Once you get a permit you can construct the 3 units.

You also have the option of subdivision. A subdivision is the creation of three seperate titles that reflect the 3 units. You dont need to do a subdivision, you can keep the three units on the one title.

If its cashflow you are after, it might be beneficial to not do the subdivision, and keep them on the one title. Note, if you subdivide in the future, the service authorities will get a say on the subdivision, and you may need to upgrade services connections to meet current guidelines. Example, electricity connection is now underground, however in the past it used to be overhead.

 

Sorry, I've been away. More than on house (ie more than on self contained living unit) will require planning approval

 

Developers almost always squeeze every possible cent of profit out of a development. If you block was capable of being split in two easily and legally, you can bet your bottom dollar the developer would have done it.
Marg