The basis tenet is that a government department eg roads, rail, water etc require your property for infrastructure purposes. Depending upon who is acquiring and for what purpose determines whether you are covered under state or Federal legislation.

THere is a whole branch of valuation devoted to this form of acquisition and it is best to engage a valuer to act on your behalf ASAP to ensure that you do not limit your compensation.

There are major differences between how states and the feds determine compensation so it is essential to get in contact with your valuer so that you can understand the effect of any such notice.

you can't always rely on your building inspection – you need ensure that they are properly briefed and also insist that they include photos of the property. I was looking over one today where there are some major discrepancies with the existing building and the report – they guy hasn't picked up some minor structures: a sizeable pool and about 200 m2 of pergola!!!!!

Pre-1984 Nil
Works post 1984 – seek a QS.

Under the BCA if a room has a ceiling height of less than 2.4m it is not a habitable room (habitable room – bedroom, loungeroom, family room, study, rumpus) vs (non-habitable room – bathroom, laundry, hallway, kitchen, cellar, garage, storeroom etc). The implications are that if the underfloor area contains 'bedrooms' or a 'lounge' then someone drawing a long bow may say this is only a 2 bedroom house not 4 + study or whatever.

It is a development, just about anything of value must be depreciated if it is buy and hold. If you are developing to sell, then you are selling a new product and there is no depreciation. If it is a business, then these are costs of doing business.

I'd back both of the other comments – however I'll add: join an industry fund (one open to public offers eg CBUS or check out superratings website), fees are minimal (these will eat away at your capital at a rapid rate). When you have a couple of hundred grand set aside, then go for your own fund in order to keep costs down to 1-2% of your balance.

Why don't you consider a 'sale and lease-back arrangement' if this suits you – no removalists costs, you don't waste time finding a new home, don't upset the kids by relocating etc. Downside is it was your old marital home.

The odds of winning at the RTT are very slim, regardless of how far in breach the tenant is. You can have all the records in the world, perfectly maintained etc.

Review the LEP – what is the minimum size block under R40? What is the minimum frontage required? If the block complies with those basic requirements then go see council.

To subdivide, you will need to provide services to both blocks (sewer, water, gas, electricity) if they are all available to the current block. You will most likely have to install stormwater and paved driveways to both properties including any access handle.

You will have to get a plan of subdivision registered drawn by a surveyor.

You will have to pay your S94 contributions (for the provision of community services).

QB, how can you assume that the tribunal should back the owner? Owners don't contribute to the bond (paid by the tenant)