Hi I am looking at a property which is industrial
The problem is the carparking, the building floor area is 65% of the land area and the way the building was built leaves almost no carparking, the building is on 1 title and has 5 tenants
keep in mind the building was built in the 60's or 70's so back then coun cil would not have thought about carparks like they do today
so my question is obviously today council would not allow this but they did not have todays laws 30 years ago so how will this work
its on 1 title with 5 tenants and these 5 tenants work in with each other so parking is okay
but realisticly if they tandem park there is only 2 parks but if they park one behind the other there is more like 9 parksIs there allowed to be 5 tenants in this building or should there only be one tenant, either way the floor area is still going to be the same???
all awnsers most appreciated
The building was constructed under the planning act & building ordinances which were appropriate at the time, if council has provided a S317AE certificate (occupancy cert) at the time of construction, then the building complied. There would have been some requirement for parking even back then (possibly 1 space/200m2 or whatever) however there may have been a greater reliance on public transport rather than car usage.
You may be correct that council would not allow you to build the same building today without appropriate parking however this could be achieved by having a mezzanine for the office or underground parking.
The sharing of spaces is not uncommon (tandem is one car behind another and requires the latecomers to move their cars during the day).
Thanks Scott, I thought this would be the case.
plus I don't think there is a S317AE certificate, will this be a problem?
I went to council yesterday and the doupy bugga said it was 50sqm per car and also said well it can only have 1 tenant but I think he was fresh out of school and does not know what he is talking aboutI know I could not repeat a similar build but I just want to make sure that if I buy the existing property and then council come along and say there is to many tenants and no parking so i must only have 1 tenant. then I can turn around and say well this is the floor area and this is the land size 1 tenant or 10 tenants whats it matter it was built in the 70's and the current tenants are happy shifting there cars around, so leave it like it is. Or are they likely to say to bad release your tenants???
You should be able to request a compliance certificate (whether you put it on the vendor, who can refuse) or you request it & a copy of the DA drawings from council (under Freedom of Information or usual requests). If there is insufficient parking, then it is just something that the council will have to work through with you (the building is approved for X m2 of building & parking spaces. It is possible that the division of the property into the smaller tenancies is non-compliant or has not been approved by council. In this case, it may pose a greater risk to yourself with regard getting a DA for the separation of tenancies or having to demolish the walls.
Thanks Scott I will look into it.
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