Duplex/Dual Occ in Brisbane BCC

Discussion in 'Development' started by JK200SX, 11th Jan, 2018.

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  1. JK200SX

    JK200SX Well-Known Member

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  2. Scott No Mates

    Scott No Mates Well-Known Member

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    @RPI is up to date on this.
     
  3. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Correct. There was a loophole we find and had a large number put through but the loophole was closed late last year. I think there is another loophole and we are working on that at present. We have a court appearance late this month so will be able to update after that.

    It's not unlawful to build a house with a grannyflat or secondary dwelling that does not exceed 80m2. But it needs to be occupied by a single household.

    Possible this house used the same loophole, more likely they just are renting it out. Thousands do. When they get caught we then have to got through P&E Court to see if can get use regularised.
     
  4. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Loophole looks firmly shut. Have been trying to find an angle but not having any joy.
     
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  5. LJW

    LJW Well-Known Member

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    Hi JK

    It looks like approval was obtained for a house (4 bedrooms). See attached plans.

    Presumably after construction/building approval, they added a new wall to separate the "living"/"dining" rooms, turned the "laundry" into a bathroom and added a second kitchen to the "living room", in order to create a 3 bedroom unit, and a 1 bed unit which they are renting out separately. You can clearly see this in the adds for the 2 units.

    37A Stanley Terrace, Wynnum QLD 4178 - House For Rent - $420
    https://www.allhomes.com.au/ah/qld/...y-terrace-wynnum-inner-brisbane/1317471891411

    Great source of rental income but all illegal/unlawful in my opinion so I wouldn't recommend doing something similar. When Council finds out, they will receive a show cause notice and will be forced to stop renting the units out separately.

    LJW
     

    Attached Files:

  6. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Highly unlikely that this has approval.
     
  7. qemist

    qemist Active Member

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    What's the distinction between a multiple occupancy and a rooming rental? why couldn't the landlord rent out the 1 br unit under a room rental agreement?
     
  8. Archaon

    Archaon Well-Known Member

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    2 internal kitchens is a sticking point.
    Also voiding of insurances etc if not using lawfully.
     
  9. qemist

    qemist Active Member

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    A rooming agreement can specify certain facilities as shared or exclusive. If a toilet can be for the exclusive use of one guest then so can a hot plate.

    Do kitchens even require approval? According to the BCC website "Renovations only involving internal works, are unlikely to require planning approval". Kitchens are internal.
     
  10. wylie

    wylie Moderator Staff Member

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    You’d have to argue your case if ever caught, reported by a disgruntled tenant or curious neighour or should you have any insurance claim. Huge risk. Why take that risk?
     
  11. qemist

    qemist Active Member

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    Money.
     
  12. wylie

    wylie Moderator Staff Member

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    You’d risk losing everything for a bit more rent?
     
    Last edited: 11th Sep, 2019
  13. Brady

    Brady Well-Known Member

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    Risk V Reward.... too much risk
     
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  14. Empire

    Empire Well-Known Member

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    How exactly would you lose everything?
     
  15. Archaon

    Archaon Well-Known Member

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    Wasnt on the original DA submitted to council.
    If council order remediation works to return the house to the original DA.

    Fire caused by second kitchen voiding your insurance.

    Alot of risk to take on for $2-300 a week.
     
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  16. wylie

    wylie Moderator Staff Member

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    Answered already. Post 15.
     
  17. qemist

    qemist Active Member

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    If that were the determining factor all renovations would be illegal without planning approval. Why does the BCC website say "Renovations only involving internal works, are unlikely to require planning approval"?
     
  18. Archaon

    Archaon Well-Known Member

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    It's not a renovation if you are building a brand new house and going outside the scope of your DA/CC.

    Unlikely =/= never needed.
     
    Last edited: 12th Sep, 2019
  19. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Rooming Accommodation allows for multiple kitchens.
     
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  20. Archaon

    Archaon Well-Known Member

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    How many can you have?

    Okay, what are your thoughts on putting in a kitchen contrary to the CC/DA