All Topics / General Property / not legal height downstairs – still dual living?

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  • Profile photo of karen.karen.
    Member
    @karen.
    Join Date: 2009
    Post Count: 196

    picture a double story house.  underneith is completely enclosed with its own entry, rooms, kitchenette, shower, toilet etc … but its not of legal height.  upstairs is a normal complete house.

    is it legal to rent out underneith the house seperately to the top?  or because its not the correct height it cant be rented out?

    thanks :)

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Which part of non-habitable don't people understand? It is just like buying 2 identical written-off cars from the auctions, cutting the chassis and welding them together, driveable but totally illegal.

    Building standards have been made for a particular reason, to say that the ceiling is only 2200mm instead of the required 2400mm  doesn't mean the house is unsafe but it does not meet the required standard for a room to be inhabited (except for kitchens, laundries, utilities etc). Often these ground floor areas are not habitable as they are floodprone.

    Profile photo of karen.karen.
    Member
    @karen.
    Join Date: 2009
    Post Count: 196

    k ta – cos someone i know is selling their house and they were telling me how they rented out underneith cos they put in a kitchenette etc.  i was sceptical about the legals of it all.  dodgey!  musta been a cash in the hand rental.

    Profile photo of allycatallycat
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    @allycat
    Join Date: 2009
    Post Count: 19

    Karen,people do rent these types of places out all over aus.I rented one in newcastle 22yrs ago.Floor to joists war 2250mm,but it didnot worry me, i was single,studying,part time working,it was cheap rent.Scott is correct,it would have been illegal,i donot know why people spend $$$ turning downstairs into living areas and not spending xtra $to go the correct height,it seems shortsighted to me.Also because it is not legal insurance would be aproblem and there could be a myriad of legal problems if things went wrong.But people still do it,my brother in law was sub letting out downstairs,which was arental,floor to ceiling only 1990mm[short people in nth qld] it covered over half his rent and told PM it was his brother in law staying.PS Scott my neighbour and i buy repairable write-offs from the auctions,repair them professionally and safely and legally drive them and sell them,but i like your analagy.Al

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