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  • Profile photo of Jade12Jade12
    Participant
    @jade12
    Join Date: 2013
    Post Count: 12
    December 16, 2013 - 11:20 am

    Hi, 

    I have an intention of building a secondary dwelling/ granny flat in the future in one of the property I am interested in. It is in NSW. 

    It has a brick house on it. I went through the contract with my solicitor and stumbled across certificate 88B which states that "no more than one main building shall be erected on the land hereby indicated as the servient tenament". My solicitor has adviced me to discuss it with the council. I rang and emailed the council the certificate and the town planner said that certificate is not a relevant consideration for council in determining development application. He stated that it is a civil matter. 

    Council could consider a secondary dwelling on this lot. Well, its big enough and should satisfy the requirement easily. What I am confuse about is the certificate 88B. 

    Would I run into trouble with the neighbours during construction of a secondary dwelling? Secondary dwelling would be much smaller and its not a main building so it should not have any issue? 

    Can someone please please advice. What does it mean? Your advice would be deeply appreciated. 

    Jade. 

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    December 16, 2013 - 12:08 pm

    Sounds like a covenant

    http://www.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s88b.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Jade12Jade12
    Participant
    @jade12
    Join Date: 2013
    Post Count: 12
    December 17, 2013 - 9:48 am

    Hi Terryw, 

    Thanks for the link. My solicitor said that secondary dwelling is not considered a main building and should have no problem. Would you agree?

    Jade

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    December 17, 2013 - 9:55 am
    Jade12 wrote:
    Hi Terryw, 

    Thanks for the link. My solicitor said that secondary dwelling is not considered a main building and should have no problem. Would you agree?

    Jade

    Wouldn't like to comment as this is not my area.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 4 posts - 1 through 4 (of 4 total)

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