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  • Avatar of god_of_moneygod_of_money
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    @god_of_money
    Post count: 971

    Does anyone know step-by-step to get council to approve pre-exisitng granny flat?

    I know that NSW planning has the website describing the criterias.

    Do I need to engage a town planner etc?

    Cheers

    Avatar of Property TraderProperty Trader
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    @Property-Trader
    Post count: 105

    Hi there,

    I have no experience in this, however for me to resolve this issue I would contact a town planner and ask them over the phone was is the usual way this can be done and they should be able to steer you in the right direction.

    Avatar of christianbchristianb
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    @christianb
    Post count: 386

    Generally speaking, one would think that a pre-existing building would have an approval in place? So first step would be to determine its status. If no planning or building approvals exist, the next step is to ascertain what approvals are required. Does it require only a building approval, or is a town planning permit also required?

    Both building and planning approvals can be sought retrospectively but it can get a little complicated, especially if it is non compliant in some way, or is upsetting the neighbours.

    Avatar of god_of_moneygod_of_money
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    @god_of_money
    Post count: 971

    Does it require only a building approval, or is a town planning permit also required?

    Who do I need to contact to get an approval?
    How do I start? contacting the council…. will give me a myriad answer

    How complicated to get it retrospectively… the granny flat has been built about 5 years ago

    Avatar of number 8number 8
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    @number-8
    Post count: 333
    What is the size of the GRANNY? If <60m2 refer to the ‘Affordable Housing Policy’ that the N.S.W Govt. brought into effect in 2008, the regulations require
    - 450m2 block or greater
    - Block width of 12m or greater
    - Property that complies with the 149 certificate

    Just a thought………..As the regulations are not so rigid.

    http://www.birchcorp.com.au

    Avatar of christianbchristianb
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    @christianb
    Post count: 386
    god_of_money wrote:
    Does it require only a building approval, or is a town planning permit also required?

    Who do I need to contact to get an approval?
    How do I start? contacting the council…. will give me a myriad answer

    How complicated to get it retrospectively… the granny flat has been built about 5 years ago

    The local council is the body that requires and/or issues the TPP.
    A municipal or private building surveyor issues the BP.
    In any case the council will have a record of the permit status for both the TPP and BP.
    I say try them first and ask them the status. It would be fairly unusual for a recent structure to have no approvals.

    Avatar of js2js2
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    @js2
    Post count: 758

    A draftsman will know if you need to take it any further and be able to explain it in easy terms if you pop into an office for a quick free consultation chat.

    l've had a few quick five minute meetings on site with a draftperson when considering a prospective purchase and each time been free but he also knows I've paid for there services in the past and will pay for it in the future if a deal goes ahead.

    Avatar of god_of_moneygod_of_money
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    @god_of_money
    Post count: 971

    Hi All,

    Thanks for the input
    Yes, the block is 670 m2 and the width is 19-20 m
    The granny flat is built behind the garage.

    Number 8, what do you mean by certificate 149?

    What is TPP? BP = Building Permit?

    Thanks

    Avatar of god_of_moneygod_of_money
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    @god_of_money
    Post count: 971

    Jaffasoft,
    A draftsman.. how to find them? in the yellow pages?
    Will they help if the building is not comply? Do I need to involve town planner?

    Will contact Liverpool council as a starting mark

    Avatar of js2js2
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    @js2
    Post count: 758
    god_of_money wrote:
    Jaffasoft,
    A draftsman.. how to find them? in the yellow pages?
    Will they help if the building is not comply? Do I need to involve town planner?

    Will contact Liverpool council as a starting mark

    Yes to all of the above except a draftman (mine anyway) does the town planning consulting as well. They working with council all the time and often have good working relationships with them.

    Avatar of js2js2
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    @js2
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    'drafting services' would be your search term in Telstra Yellow Pages.

    Avatar of thecrestthecrest
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    @thecrest
    Post count: 942

    Great idea to get with someone who has good existing relationships with Council, my last experience with Council in this area didn't end well, with Council saying they had " no authority to approve any construction ex post facto" which I discovered in the dictionary as  meaning "after the fact", so they refused to approve anything already built on principal. A good relationship may have moved the mountain.
    good luck
    cheers
    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
    http://www.statewidemotelbrokers.com.au
    Email Me

    selling motels in NSW

    Avatar of christianbchristianb
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    @christianb
    Post count: 386

    TPP = Town Planning Permit.
    Sometimes also referred to as the DA (depending on where you're from).

    Avatar of yoyo galaxyyoyo galaxy
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    @yoyo-galaxy
    Post count: 79

    Hi GOM,

    How did you go with the council approval?
    curious to know as I am thinking of buying a place with existing granny flat unapproved too.

    cheers.

    vivian

    Avatar of watsoncwatsonc
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    @watsonc
    Post count: 7

    I too, am looking at purchasing a property with a separate granny flat.  It was originally a shed and garage all in the one. Now it has been renovated into a 2 bedroom granny flat with kitchen, bathroom, and garage.  Buyers are spooked, and so am I, as the granny flat was only approved as a shed, not a liveable dwelling for humans to live in.  Vendors are currently working to get some sort of approval from council so they can sell the property as fast as possible.

    Some issues here….ideally it would be good if the granny flat was approved as a separate dwelling/accommodation in its own right. Then you could install a separate electricity meter and have a completely legal tenant residing.  The agent has said that if council does approve it will most likely be only approved as a granny flat…which means you cannot install a separate electricity meter, and  you aren't supposed to be renting the flat out as a separate accommodation.  However the agent tells me that he has many setups where landlords rent out granny flats illegally (so to speak). And landlords simply add extra charges to the weekly rent for water and electricity. What are the risks of this???

    If accommodations can be rented out, total rent would be $240 for house and $160 for granny flat. $400 p.w in total on a very low $200ks investment. Not a bad return.

    Does anyone have any comments on this? Advice from previous experience??? Please help  Cheers

    Avatar of js2js2
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    @js2
    Post count: 758

    No use getting a bond from the tenant in that case as VCAT will say that you gained money from electricity and or gas from the tenant at the granny flat and say it was unfair disadvantage and you will not be able to claim. 

    Avatar of christianbchristianb
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    @christianb
    Post count: 386

    Perhaps have a look at this from an investment position. Generally speaking, these sort of problems can be solved by way of not affecting the current amenity (that is to say the dwelling already exists) as long as you have the cash to solve the problem. Let's say that it costs $20,000 to solve the problem – this represents a solid return especially in light of the discount to market you are likely to benefit from given the "spooked" buyers in the pool.

    It may even be possible to segregate the titles if the issues of car parking and private open space can be addressed. Without knowing any particulars it's difficult to establish what is possible, but it seems worthy of further investigation. Even if the works can get a retrospective building approval, there should be nothing stopping you from leasing the space as accommodation, although I'm sure there are tenancy rights to negotiate.

    Avatar of god_of_moneygod_of_money
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    @god_of_money
    Post count: 971

    Watsonc, I can tell you that across the sydney greater area, people are renting out the granny flat whether has been approved or not. Have you been to eastern suburb near UNSW? There are places where 3-4 people sharing 1 bedroom unit. I guess that 1 granny flat for single person is VERY reasonable.

    Christianb, I agree with you, but even with NSW planning to make easily for granny flat approval, there are plenty of red tape by the council. Mine was initially build as a liveable 'cabana' (with kitchenette, bathroom and combined bedroom/livingroom)- and had been renovated into granny flat.
    The difficulty is how to start and where to seek the opinion. Do you provide consulting services in NSW?

    Avatar of watsoncwatsonc
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    @watsonc
    Post count: 7

    I guess the only risk you run is insurance liabilities from tenant in un-approved granny flat (i.e. tenant being injured due to fault with accommodation)…I'm sure insurance companies would not pay out because of this???

    Avatar of christianbchristianb
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    @christianb
    Post count: 386

    Hi GOM,

    No, we don't yet provide dedicated services in NSW, only special projects, but we are working on it.

    You are quite right, the issues is usually about where you start, and what is the process. There is always a process, and it's sometimes complicated. The bottom line is that in these sort of cases there's a problem that needs a solution, and a number of stakeholders that want to direct that solution!

    And Watsonc, you are probably right about liability issues, however, with full disclosure I'm sure these are still insurable risks, it's just a matter of whether the premium is palatable!

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