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Dual Occupancy/ Living Granny Flats in Wynnum & Surrounds - Legal issues

Discussion in 'Legal Issues' started by RPI, 14th Apr, 2016.

  1. RPI

    RPI Property Lawyer, Town Planner Business Member

    Joined:
    19th Jun, 2015
    Posts:
    714
    Location:
    Brisbane
    Hi All

    We have been involved with a large number of these properties for around 4 years or so now. There has been court on multiple occasions to resolve. These particular properties were built by one builder, approximately 150 houses in total. We represent less than a third of that number at this stage, though it is growing.

    We put many through Rooming Accommodation Code and change of building classification to a 1B to allow for the use to be legal.

    There are 2 important things coming with these properties

    1. Rooming Accommodation and 1 B are going to change
    Legislative changes are underway that will change both the Rooming Accommodation Code, the Qld Development Code and Building Classification 1B uses in Queensland. These changes will mean that a single dwelling must be used, ie no primary and secondary dwelling so granny flats are out.

    If you have an approval prior to these changes coming in then you will be ok, the approval will stand as a prior lawful use. For people who have not yet started the approval process I would strongly recommend you do so as soon as possible. BCC will be prosecuting these properties. We recently managed to have some prosecutions reduced to fines of $3,000 per property (and no conviction recorded) for other individuals who had been renting out their Granny Flat separately.

    2. Legal Action Against Builders, Certifiers, Marketers of Dual Income Properties
    We are currently preparing legal action against those parties responsible for, developing and promoting the use of these properties. On current numbers it is looking like more than a third of the property owners will be joining our action. With the large number of people involved, the individual costs will be low. For every extra person that joins, the per person cost goes down.

    Many of the buyers of these properties were pushed into them by certain marketing companies masquerading as legitimate groups. A lot of clients are not very well off and it was only through the revaluing of their PPOR and the very high rental returns on the properties that they were able to gain finance to purchase. We never do no win no fee but we are going to offer it as an alternative in this situation because of the poor financial circumstances of a lot of these clients.

    Unfortunately I can't name the builders, marketeers and certifiers involved in this at this stage. Once we file in court we will be able to share the court file numbers that are on the public record. Please don't use any names here.
     
    mcarthur likes this.
  2. Blueskies

    Blueskies Well-Known Member

    Joined:
    24th Aug, 2015
    Posts:
    196
    Location:
    Brisbane
    Hi Darryl, will this change affect the legitimacy of separately renting detached granny flats in currently ok councils like Logan?

    Also, good luck with the case, from some of the marketing material I have seen I feel the marketers and developers of these properties should be held account, not hard to see how the buyers assumed what they were doing was perfectly legitimate.
     
  3. RPI

    RPI Property Lawyer, Town Planner Business Member

    Joined:
    19th Jun, 2015
    Posts:
    714
    Location:
    Brisbane
    Hi Blueskies

    Only Brisbane City Council will be affected by this.
     
  4. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

    Joined:
    18th Jun, 2015
    Posts:
    2,400
    Location:
    Sydney
    I wish you had a letter that can b sent to all the numpties who think a GF can be put anywhere without approval. And who told them a thing that looks like crap will add value ?