All Topics / Creative Investing / Un-approved flat on block in Brisbane

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  • Profile photo of DaveSDaveS
    Member
    @daves
    Join Date: 2012
    Post Count: 4

    Hey Guys

    I have property with the original house at the front and an un-approved flat at the rear which was in place when I bought the property.  The block is a bit over 600sqm and zoned low residential and the council has advised it may be very difficult to get the flat approved.  It is quite large at around 120sqm (about 80sqm on the ground and another 40sqm on 2nd leval as a mezzanine) and is around 7 years old.  It has been hard to get a "yes" or "no" answer out of the council so can anybody suggest what is the best way to find out weather or not this could be approved? 

    If it cannot be approved it may have to be demolished as it is probably to big to get out with a crane even though it is on stumps.  Anyone have any better ideas on what to do with it?  It seems a shame to demolish a seven year old building.

    Profile photo of Rick staRick sta
    Participant
    @rick-sta
    Join Date: 2011
    Post Count: 120

    RPI is probably the person you need to talk to, refer this post

    https://www.propertyinvesting.com/forums/general-property/4347101

    Profile photo of RPIRPI
    Participant
    @rpi
    Join Date: 2012
    Post Count: 308

    Hi Dave

    PM me the address and I will have a look and see what I think can be done.

    If you want to rent it and the house out separately your chances of getting an enforcement notice from council stopping you doing that, even if your building was approved is almost negligble.

    If you want to get retrospective approval for a secondary dwelling, can be very doable.  There are a whole load of variables.

    If you are happy for me to strip out the identifying information, I will respond through the forum so that others can see if they can get something out of it.

    D

    RPI | Certus Legal Group / PRO Town Planners
    http://www.certuslegal.com.au
    Email Me | Phone Me

    Property Lawyer & Town Planner

    Profile photo of marcdwmarcdw
    Member
    @marcdw
    Join Date: 2013
    Post Count: 3

    We have come across a similar problem to this in the past (though in NSW)

    The main issue should be pursued based on getting "plumbing approval" first rather than going after a "planning " approval.

    Then take apart the approvals required a little step at each time.

    Before you know it you may have everything you need to occupy lawfully.

    Profile photo of DaveSDaveS
    Member
    @daves
    Join Date: 2012
    Post Count: 4

    Hi again everyone

    Thanks to all of you who have replied so far.  I spoke to Darryl from RPI this morning and he has suggested some very clever ways to overcome this problem.  It is not going to be such a big problem after all.  Thanks for your time and advice Darryl!

    Dave

    Profile photo of RPIRPI
    Participant
    @rpi
    Join Date: 2012
    Post Count: 308

    No worries at all, always happy to have a chat

    D

    RPI | Certus Legal Group / PRO Town Planners
    http://www.certuslegal.com.au
    Email Me | Phone Me

    Property Lawyer & Town Planner

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