QLD Highset....liability for illegal build work

Thanks for examining @RPI!
My heart is slowing again.

I think I may be able to work on the new duplex idea in a few years - without DA - and take it from 2 story to 3 story/12m as that is the zoning. I'd keep the footprint the same of course .

 

Well done, mcarthur, sounds like a real winner!

 

Thanks @Perp. I had some serious DD pressure to do in post-contract to get council to state in writing everything that the agent blithly stated as being "true". I asked for 21 days - 7 beyond the usual B&P and finance - to get answers. I think the owner agreed since they'd just lost out on the previous signed contract based on missing finance.

It did help that there's one house between mine and the water on Redcliffe peninsular (I categorically state that despite me being a water person, there was no emotion involved whatsoever...). So 12m/3 stories should provide a very nice outlook - at least until the old place on the front are redeveloped, and even then I can hope they'll be mostly two storey.

 

Well done McArthur! was the property originally built that way before the modern code? or was it originally built as a highset but then had the bottom part modified and infilled with bedrooms, bathroom & kitchen ?

 

The house is a highset, but was built from scratch in the late 60's as separate upstairs and downstairs. So it was built to the code back then, and pretty much hasn't been modified much since.

It's got 3 beds, kitchen, bathroom, living above, and 2 beds, kitchen(ette), bathroom and living below. There's no internal stairs, and the electricity metering has always been separated.

This house is probably unusual, since most like it have been modified during their lives to provide the infil in the bottom - rarely with DA or even Bulding approval as I'm sure you know .

I have talked to some PMs on the peninsular and there does seem to be a number of these type that have been built this way from scratch, presumably because of the history of the peninsular which is different to other parts of Brisbane like Manly.

I have a little history here too - my grandmother used to come over on the old Koopa in the 30's and stay on the peninsular.

 

thanks for sharing mcarthur. Your insurance should be ok then

 

Plenty of people buy a Qlder and build out underneath, or raise it up and build underneath.
Unfortunately, sometimes in Brisbane there's a reason that it's raised up - floods.
So when people take a perfectly safe hi-set Qlder and spend a lot on developing underneath... insurance no likey.
Needs approval. Council will be very reluctant if it's in a potential flood zone.

 

Sorry to trigger thread that's a couple of years old but we are freaking out about a home that was raised/ built under in 1980 (council records development but no details) and was used and marketed from that time as bedroom/bathroom/laundry and living and since buying we have commenced renovations to discover the actual ceiling height is 2370/80 and not 2400. Given your comment here @RPI as it is clearly designed and used that way since 1980 can we continue to advertise accordingly even though shy of 2400? The rooms are well Ventilated etc. Our renovations are to revamp so no current work is triggering council approval steps. We are feeling let down that agent never pointed out that downstairs bedroom was less than 2400 and their position is has always been? Can we be comforted by that Thank you.

 

Ceiling Height would have still been at 2400 in 1980 as far as I am aware. Looks like advertising that it is a bedroom would be a misrepresentation that could come back to bite you. Alternatively, it might never be an issue if the buyer does not complain. Looks risky on the info above.

 

I’ve come across this thread that is a little old now, but I hope nobody minds me starting this conversation up again. I’m relatively new to Queensland and purchased a highset house, which at that time had downstairs converted to a multi-purpose room, garage, laundry and extra powder room. Being naive and eager to purchase a home in QLD, I wasn’t aware of the ceiling height requirements and I’ve since found out that the entire downstairs ranges from 2065 to 2075mm. I’m guessing the multi-purpose room is considered a utility room, which overcomes the height limitation (I think) but my garage, laundry and power room is all under the minimum 2100mm. I was clearly sold these spaces via the real estate agent but if I go to sell my home, I may not be able to advertise this property in the same manner. The laundry is a big one as I have no space upstairs to convert into a laundry, and raising/excavating seems very expensive. In addition to this, I have come across a few other problems, 1) I’ve been speaking to my neighbour and he mentioned just before listing the home that there were termites and the previous owner had ripped out and replaced some of the timber panels from downstairs. I’ve since pulled these panels off and it appears he’s just replaced the panels but left the framing as is 2) he’s ran an ordinary extension cable through the ceiling, and 3) all the proper electrical cables are literally dangling within the wall cavities and ceiling. I’m keen to find out if I’ve just inherited someone else’s problem or if there’s any legal avenues I can take. If anyone has had any experience with something like this, and has any recommendation on who to talk to, it would be greatly appreciated.