non complying granny flat and building.

Discussion in 'Development' started by menty, 22nd Feb, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
  1. menty

    menty Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    181
    Location:
    Sydney
    Im looking at buying a property that has a rear granny flat but has been converted to a 3 Bedroom. 60m2 approved, but the garage has been converted to another bedroom.

    Will I run into future issues if I buy this? Eg: If I want to knock down the front house later on and submit a DA will I get knocked back or have to put the garage back even though I did not do the conversion?

    Will I have issues renting the granny flat as a 3 bedder or would I have to convert it back to a garage?
     
  2. Ethan Timor

    Ethan Timor Well-Known Member

    Joined:
    16th Nov, 2016
    Posts:
    154
    Location:
    Australia
    IMHO, yes. The fact that you didn’t do it seems irrelevant to me. You’ll be the owner and you’ll be responsible. If you have a friendly council, you might benefit from holding informal discussion with them to see if and how your future plans could fit with the DCP and the existing situation.

    Depends on your area I guess. Some areas don’t have a problem in finding tenants for unapproved dwellings but should something happen and the tenant takes you to fair trading or court, you might find your insurance won’t cover it (since it’s not council approved) and things could get messy. Suggest seeking legal advice about this point.
     
  3. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

    Joined:
    18th Jun, 2015
    Posts:
    2,025
    Location:
    Brisbane
    In Brisbane council you could get caught tomorrow or never be caught. A tenant complaint can trigger it or otherwise ads by your agent that mention "granny flat", "self contained" or 1a, 1b etc.
     
  4. Anthony416

    Anthony416 Well-Known Member

    Joined:
    14th Dec, 2015
    Posts:
    538
    Location:
    Sydney
    Usually neighbours bring it to the attention of councils and the council then issues an order.
    I have seen a few of these where the potential seller tries to get retrospective approval however the process can taken several months and is not always successful. Too much uncertainty for you I think.