How to strata two houses on one title / Ipswich area SE Qld

Around 5 years ago we built a new second dwelling as part of a dual occupation development near Ipswich (at the side of existing house). When the Ipswich council did the final approval on completion they mentioned to let them know when we have setup the strata.

I contacted several solicitors at the time, but none of them seemed to understand what I was trying to do as it was only two houses on one title. They wanted us to set up a body corporate etc, so I put it in the too hard basket.

We are now planning to sell the property in the next couple of years as we head towards retirement and I thought I'd look at getting the strata setup so that we can sell them individually as units. Without talking to any agents so far, I am presuming that this strategy would give us a greater return.

Would anyone on the forum done this in Queensland and if so who would be the best people to contact?

Also ..... I would imagine trying to sell the two properties on one title as part of a dual occupation sale would limit our buyers, whereas my thinking is selling as two units may be easier and open us up to a greater buyer group.

I don't believe sub-division is an option as the Ipswich Council knocked this on the head when we initially tried to get the development through, although I can ask and see if they have softened their stance.

Any advice would be appreciated.

 

A body corporate requires at least two lots and common property. If the property is held as one lot, you will not be able to set up a body corporate without first registering a subdivision plan.

Feel free to send through the address of the property and I would be happy to look into it further and provide you with some guidance without charge.

If you do consider subdividing, this article may be of assistance also: https://mcandrewlaw.com.au/your-guide-to-strata-titling-flats/

 

Thanks JDM ...... I will send through details via PM

 

Was a proposed Strata Subdivision part of the original DA ?
if so, have you engaged a Surveyor to prepare the plans.
if not, you may require a new DA unless it can be done CDC.
i'm a NSW Surveyor so not familiar with the local requirements but I'm sure @JDM can point you in the right direction

 

BMC, ...... It is/was a dual occupancy development as the block size was deemed to small for subdivision approval by council. There was an existing house on a corner block already, so we had a second house built behind/to the side of the existing house. The project was done according to council DA requirements and approved. The development was given final approval/sign off and we paid the council contribution payment.

On completion we have 2 x houses on one title. Council mentioned that when we have strata setup for the two properties to let them know ... this was approx. 5 years ago. We didn't see the need to do it before this as we weren't looking to sell the properties, but I envisage that it will be more beneficial if we strata them so that they can be sold separately if we need to.

I am not familiar with the process or who to initially consult, hence my initial post ..... JDM has been extremely helpful. We have time to research thoroughly as we are not looking to sell until closer to tenants leases expiring around Jan/Feb 2020.

 

Have done this before through a community management statement

1) Get a cadastral surveyor to do a strata plan
2) Create a CMS plan
3) Send plans to council to seal the plans
4) Lodge at titles office

ONS surveying for surveyors and Certus Legal for cms and lodging. Notsure what the council charges for sealing but expect close to 10k

Notsure how you have done your services but that would be another issue with body corporate but being a corner block with minimal common property i would assume you would not have to set up one

 

Also make sure it is a dual occupancy and not a auxilary type dual occupancy

 

@op

Just because you have a dual occupancy it doesn't mean you can automatically subdivide be it torrents title or strata.

Your very first step is to ring planners at local government and ask what is minimum requirements for your subdivision.

If you meet the minimum requirement then you may have to submit an application along with a survey to them for approval.

The planners should be able to advise you on the applications you need to submit.

But just because someone said something 5 years ago, it doesn't mean you can subdivide your land.

Planners and surveyors will happily seperate you from your money and in the end will play dumb as to why local government is not letting you do it. Your first step is pretty obvious right now

 

Thanks for you reply Tenex. I haven't actually assumed anything to do with this project. I am basing the fact that we can strata the dual occupancy development on the fact that Council told us on at sign off 5 years ago that when we have had the strata title setup, to let them know so it can be recorded. This is what I intend to do once I have all the relevant information to proceed.

I wanted to get my facts and costs in order before speaking with council to see if the original consent still applies. Armed with that information on what is required, then I will move forward.

Cheers

 

Thanks gach2 ....... Good information. I know we have some infrastructure (electrical/plumbing)issues to resolve before submitting our request as the builder took some liberties as he knew we were interstate and couldn't keep a close eye on the build (lesson learned). They have since gone broke.

Cheers

 

Electrical is not an issue - SEQ cant even get seperate power till the property is subdivided - best to keep your electrical system as it is or the second house will not have power for around 3 mths

Plumbing - sewage and storm water should be fine for CMS/Strata but you will need to get a new water meter (if not already)

 

gach2, ..... thanks for the response.

The properties already have separate meter boxes and water meters. The problem with the electrical meters that the builder placed the new property meter in the meter box of the original house and then ran a connection from the roof of the existing house across to the new property (only about 2m). I have a quote to get this changed so that this connection is removed and a separate connection is done.

What was supposed to have been done was a power pole placed on the land of the second property and connected to the mains power lines across the road... This wasn't done. As I have mentioned previously we put way to much trust in the builder doing the right thing.

Water sewerage already separate.