Logan Highset Home with Granny Flat as Auxiliary Unit

Hello Members

I am looking at one of the highset homes(1st+2nd floor) with a granny flat underneath(See photo).
The granny flat has a separate driveway and separate utility connections.The size is below 70m2 and as per the latest planning scheme released in 2015 and amendments in 2018 it seems that it can be considered as an auxiliary unit which can be rented out separately.

As per the domestic housing factsheet provided by logan council.
https://www.logan.qld.gov.au/downloads/file/399/fact-sheet-domestic-housing
It seems that Auxiliary do not need approvals as long as they comply with the council requirements on sizing and specification.

So the right way would be to ask a certifier and ensure that this particular granny flat would qualify as a Auxiliary unit and could be rented out seperately.
Is my understanding correct.

Thanks a ton in advance.

 

@RPI Would appreciate if you can advise.

 

what's the ceiling height of the downstairs unit?
Does it have an occupancy certificate/building approval?
proof of fire-rated barrier between top and bottom units?

 

@Archaon Downstairs is legal 2.4 mtrs.

 

Who told you it's a granny flat, the selling agent? Who told you it's 2.4m underneath, the selling agent? Do you see where I am going with this?!

It's very common to hear from the agent, "The owner told me it's an approved granny flat" or "The owner told me it's legal height"......

I doubt any highset in Logan that was built in the 70's or 80's will have a council approved granny flat underneath that can be separately rented. Just because the owner has installed some sort of metering doesn't mean it's all approved!

Have you seen the house/GF in person?

Check with council never trust the selling agent.

 

It still needs to be certified by an independent building consultant, you can't just build it and that's that. Most building certifications can be found on the Logan City Council website.

 

@My House QLD Thanks.It just surprises me how much people in this industry lie.Initially, it began with agent saying that house plus granny flat is rented out and there is a unit adjacent to the house rented separately(see attached).The layout is misrepresenting as the actual layout is of highset home(1st floor plus ground floor on 1 lease) and granny flat is on second lease(shown as third residence).His description did not match the floor plan at all. He also said that there are approvals in place for granny flat and height downstairs is legal.Obviously, I am not trusting this guy.Sometimes, I wonder what's the point in lying when no one is going to buy without doing due diligence? Sorry for the rant.

So I call the council and found that there was no approval for granny flat and it cannot be rented separately. They asked me to refer to their classification of dwelling and as per the document in my initially post as long as the granny flat complies as an auxiliary unit i.e it has a separate utility connections, driveway and its less than 70m2 in area then it's perfectly legal to rent it out separately and it doesn't even require council approval.

1. If house has a legal height downstairs then do you still need a firewall?
2. From the attached layout, is fireproofing separation required between granny flat and highset home(the council document does not specify though)?
3. Can you put an offer saying subject to approval from certifier and council for auxillary unit?
4. Apart from height,fireproofing and leasing on seperate lease,are there any legal and compliance due dilligence points worth checking for in advance.

Thanks in advance.




Thanks alot in advance.

 

Just noticed that they have clearly specified firewall requirements.

 

which one is the auxillary unit? You can only have one and it can't have more than 2 bedrooms. Downstairs there 2 sort of units

 

@Westminster

Thanks.
Its a highset home so the 1st floor and ground floor together is the primary dwelling.
The 3rd residence in layout is the granny flat which is the auxiliary dwelling.

 

But no internal staircase and that area has another kitchen and the bedroom numbering starts again - ie there is 2 bedroom 1s.
The house is fishy and I suspect has been rented out to 3 parties illegally

 

I think you had better determine the exact definitions of dwelling, primary, secondary etc. Did you comprehend what I wrote yesterday about fire walls?

1 Yes.

2 Yes

3 No, they will laugh at you because the owner already knows it isn't legal. Approval from a certifier will take a lot longer than a few weeks.

4 You are telling us that there are three dwellings in one post and two dwellings in another post. You are not in Brisbane with a tape measure measuring for yourself the heights and dimensions of the building. Given your confusion, I think you should really engage a competent Buyers Agent who is fully up to speed on the laws in Logan.

 

Thanks for highlighting.
I will definitely be check on that.

Re: Staircase : I am not sure.May be in some some old designs there were no internal staircases ?

 

@Angel

Thanks for feedback as always.
I have engaged people for inspection and have telecon with town planner tomorrow.

Re : 3 : Yeah makes sense.If it was legally an auxiliary unit they would have also got it certified. I have requested them for plans to get it checked from a town planner.
Re : dwelling : The layout is quite confusing showing 3 dwellings. After probing the agent, he agreed that there are two lease - highset and grannyflat- so technically only two dwellings. I am getting it inspected tomorrow hoping to find out the reality soon.

 

https://www.logan.qld.gov.au/downloads/file/278/fact-sheet-domestic-housing

PART 1 DWELLING HOUSE
Building approval is required prior to commencing construction on most types of domestic building work. This approval is issued by a private building certifier.

PART 2 SECONDARY DWELLING
Similar to Dwelling houses, Secondary dwellings are typically accepted development (subject to requirements) under the Logan Planning Scheme 2015 and do not require approval from Council where complying with all planning requirements.

AUXILIARY UNIT will be the same, it must be certified by a private building certifier.

Residential projects – Logan City Council
You will need to get a building approval from a private building certifier for all buildings over 10m2.
This is just for sheds and carports. Any Auxiliary unit WILL need to be certified. If it's not certified you cannot rent it on a separate lease!

 

Residential projects – Logan City Council
You will need to get a building approval from a private building certifier for all buildings over 10m2.
This is just for sheds and carports. Any Auxiliary unit WILL need to be certified. If it's not certified you cannot rent it on a separate lease![/QUOTE]

@My House QLD

Thanks that was really helpful.
So they would approval from a private building certifier and it does not necessarily be lodged with the council.

 

Thanks.Well Noted.
Need to consider on firewalls and alarm tempering issues.

 

So they would approval from a private building certifier and it does not necessarily be lodged with the council.
@My House QLD

Everything needs to be lodged with Council so it's all recorded.

 

Thanks.
When I called the council they said that no approvals/permit lodged for the said address.
I got bit confused when I read below on page 4 in domestic housing factsheet.
So technically they are required to lodge the application as mentioned in planning scheme.