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Dual Occupancy - How do I find out if a property has it?

Discussion in 'Legal Issues' started by wunderwhat, 10th Aug, 2015.

  1. wunderwhat

    wunderwhat Member

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    Hey everyone,

    I recently purchased a property which has a granny flat at the back and since the granny flat is brand new, I'm not sure if the builders have applied for council dual occupancy. Unfortunately the real estate agent is useless and I can't get in touch with the builder, and I'm afraid if I ask the council, they'll launch an investigation and I'll be to blame. Is there a way to find out if a property is dual occupancy compliant?
     
  2. thatbum

    thatbum Well-Known Member

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    Honestly, I think you're overestimating the diligence of the typical council...

    Anyway, since you've already purchased the property, what harm is there in contacting the council now? Isn't it better to know now?
     
  3. Be Developer

    Be Developer Property Developer Business Member

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    as @thatbum, said best option is to contact the council.

    also, if GF was built recently, you should have warranty papers and some development related documents. it will have PCA's name.. give them a call.

    or look up council website, under planning and development. punch in your address and you may be able to see development applications!
     
  4. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    If it's a Granny Flat there will be no consent for a dual occupancy.

    The consent will be for a secondary dwelling.

    Dual occ is a property that can be subdivided to form 2 titles, and you cannot subdivide a Granny Flat (another reason I don't like them except for yield, but that's a whole other story).

    As a result it could be either a Complying Development Certificate or a DA.
     
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  5. neK

    neK Well-Known Member

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    I would ask the vendor.
    1. Contact the vendor solicitor
    2. Ask the solicitor if they can ask the vendor who the builder is.

    For future reference, you can ask the vendor all these questions DURING the settlement period. They want the sale so are more likely to answer all questions if there is nothing to hide.
     
  6. Travelbug

    Travelbug Well-Known Member

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    You didn't ask for paperwork to show the granny flat was legal?

    Or are you just meaning for dual oc? As mentioned a granny flat wouldn't normslly have dual oc. If the granny flat is legal you shouldn't have any problems approaching council with questions.
     
  7. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    If it has not been approved you will not be able to get a Complying Development Certificate as they cannot be issued retrospectively.

    A Building Certificate which states that the works have been carried out in accordance with the BCA and Council won't take action for the next 7 years is most likely. Although some Councils will allow you to lodge a retrospective DA to tidy up this, particularly where you are not the owner.

    It is unlikely (but not impossible) for Council to fine you straight away, especially if you approach them. Much more likely is to be issued an order which will require you to lodge the required documents to get approved.