Non approved granny flat.

Hi all just wondering if anyone has had experience getting a non approved granny flat certified. Property is in Lake Macquarie what are the hurdles.

 

Possibly a converted garage with non-compliant membrane or waterproofing.

 

From what I've seen of these properties (and I see a LOT), most have very little chance of ever being approved. Reasons: not the minimum off side or back boundaries, not the right ceiling height, bigger than the 60m2 allowable, non-compliant waterproofing membrane under slab, not complying with BALs, etc.

 

Totally agree, then potentially add BASIX, water tank etc etc

I have had some approved but you have to be mindful of cost of getting them approved due to the above.

 

It comes down to seeing how much it will cost to comply verses potentially demolish (and maybe start again if wanted).
There are many details not known at this stage so the OP will need to see how close the existing GF is to what council would approve.

Normally council wants one or the other, no middle ground.

 

Yes, could an non approved GF be stripped out, windows removed (if closer than min setbacks) etc and called a shed rather than a complete demolish. or is there more to it.

I've surveyed a few of these on the Nth Beaches but never went back to see the outcome.

 

Might be able to keep it as a Class 10 building with some modifications e.g. an "art studio", shed, etc. Probably easier than getting it to meet the standards for a habitable building.

 

Yes, that is true, if you go back to a Class 10 that would be acceptable in most cases. I did have one client who wanted to go back to a studio but council was not supportive since they assumed that once approved the owner would again use it as a Granny Flat.

In that case I argued that council should not be making assumptions of potential future wrong doing as a base for refusal.

 

Hi all, I have had a Certifier go through and he has said it can be passed with a few building modifications. Mainly raising the roof as it’s only 2350 ceiling height. Council contributions are $13700.

 

That is starting to sound positive, are your going to raise the ceiling just to the 2400mm or go a bit more?

 

Do you mean something like this: Granny flats | NSW Planning Portal?

 

That Planning Portal gives a guide but the specific controls such as complying with ceiling height mentioned above will give an idea of cost of compliance once the certifier identifies issues and a builder can give a quote to rectify them.

Ceiling height, fire separation and BASIX compliance costs need to be added to the Council contributions of $13,700 to make a decision whether to proceed or not.

 

@Anthony416, so the best and safest bet for the purchaser of this property is to keep quiet or ask for council approval before signing on the contract during the cooling off period?

 

It would be best to address the issue early since if either the vendor or a buyer ignored it, eventually there would be grief. Additionally, from a practical point of view I doubt if any approval could be received during the standard cooling off period.

 

40 odd working days for approval to be granted via a DA, well outside of the cooling off period. Longer again if it has to go to a council report and be approved by a sub-committee at a council meeting.

 

and that I assume will include some cost to pay for the DA submission just to get it certified?

 

What does it mean by council contribution ?
Is that the rates yearly or the fee to certify the GF