WARNING: Dual Living/ Granny Flat unapproved Duplexes- Brisbane City Council Enforcement Notices

What about if you built in under your home a 1 bedroom self contained apartment with a kitchenette, bathroom, separate entrance but had a door at the bottom of the internal stairs that connected it to the rest of the house. This little apartment would be for adult children and their families when they visited.  When they were not there however the area would be rented out on airbnb for a nightly rate.   Is that legal in the BCC area?

Thanks for that update Simon

We have a contract on a property with a detached  Unit / Granny flat so might make it a better deal.

Pro town planners seem to be using information supplied to them by the enforcement team rather than actually reading the town plan.  The Enforcement team in BCC have been making up their own definitions and town plan and then going out and trying to enforce it.  A series of enforcement notices went sent out to unsuspecting landlords based on these made up definitions, these were subsequently challenged and won in a number of tribunals and courts.  The AAD case refered to was to determine if you could lease to 12 people in one house, they lost because the current maximum in the town plan is upto 5 unrelated people.  Also as any person who is suitably qualified will tell you the decision in a court case is only relevant to that case, it does not have any effect on changing the town plan for other unrelated cases which have completely different situations.  What the Council enforcement team has tried to do is create its own interpertaion of the case and create a new set of laws from it to which only they know what they are.  These new laws aren't written anywhere and if you ask them they wont send you a copy.  Also the lawful use of a property cannot be changed retrospectively, the lawful use never changes once the property is completed – refer to the Sustainable Planning Act Qld Section 628 (2a).  In their new law a house can only be occupied by a family or something similar, however what the town plan actually says is than upto 5 unrelated persons can occupy a house lawfully.  There is no limit on who they are, how they lease, what they eat or what rooms they occupy.    https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanA09.pdf

The enforcement notices Pro town planners refered to here are now being canceled by council as it was council who has acted outside the law when issuing them.  The best advice i can give is beware of advice posted on the internet.  While there are some people within council who have a political agenda to try to stop renting houses out to groups other than families this does not make it the law.  The irony of these cases is that the Lord Mayor Graham Quirk was in china 2 weeks ago promoting Chinese university students to come to Brisbane and live in Share Houses, he was doing this with The PAD student housing agents who only have tenants who lease individually and share houses.  If this use is unlawful why would the Lord Mayor promote it.  The problem is the council is a large organisation and does not always talk to itself.  I would not do business with Pro Town Planner as they seem to be a puppet of the councils enforcement team and troll for work  by spreading their propaganda.

http://www.thepad.com.au/news/asia-pacific-cities-summit

There has also been some suggestion that the new town plan will also stop the ability of people to share houses by having their own leases.  Given the current wording this will be the case if the new city plan is passed un amended.  however every industry body and political group are lobbying for this to be changed.  The main reason is that Houses that are shared are the back bone of Affordable Housing.  Without houses that can be shared by unrelated individuals we would have a housing crisis of epic proportions, and the city councils know this.  Which is why every other city council in the state is currently updating the town plans to promote more of this type of use, except Brisbane City Council for some reason the people in power there seem heel bent on reducing the supply of affordable housing.  That is what this is all really about, the council has been out trying to implement its new policies early before they have been passed.  i would suggest if you have properties you would like to rent this way or have an interest in preserving the current status quo talk to your local councilor or politician because these laws face the possibility of being changed if they are allowed to have their way.

Hi Darryl.

I have a place in the BCC that is rented out.

It was originally a 3×1 and it has been filled in underneath to make 3 additional rooms (bedrooms), a bathroom, as well as a living area and kitchenette. There are no internal stairs. The ceiling is less than the minimum habitable height. When I purchased it about 1 year ago it was rented out to 2 individual parties even though there are no approvals for dual occupancy. the zoning is LR.

I have removed one lot of tennants and will rent it to one party from now on, on a single lease agreement.

My question is: what do I need to do to make the arrangement all legal? there has been additional plumbing installed to downstairs for the bathroom at some stage and council records do not reflect this. There is a gas cooktop in the kitchen but no oven.

I was told I need to remove the gas cooktop so that it becomes a wet-bar.

Can somebody advise the documents that describes the legislation for what I am referring to?

Many thanks

Brian

Hi Xeryus,

You might want to check with Ipswich CC now that new QPP definitions have been introduced for Household, Dwelling House and Dual Occupancy.  It may have just become unlawful.

Hi Darryl,

Any more word on this so called "Originating Application" that Brisbane City Council is supposedly doing?

I heard that it was to be completed last August/September 2013, but there's been nothing.  I get the impression that this was just further rubbish that BCC was feeding people in order to cast doubt over the granny flat issue.

Noone at BCC seems prepared to talk about the issue anymore ; they are just hoping it all goes away.

Have you heard of any news?

Regards,

Simon.

So a quick summary of this issue is:-

BCC has had 2 barristers working for over 6 months or more to amass half a room full of documents, in an attempt to enforce an 'opinion' regarding a City Plan that is about to be superseded. That 'opinion' contradicts that of the principle author if the City Plan (as well as their own rates department), and is one which they have already lost numerous times in court appeals. 

Furthermore, if BCC happens to be successful in convincing a higher court of their 'opinion', and if they are able to retrospectively apply the decision to existing properties, it will result in mass evictions across Brisbane of granny flats, student accommodation, rooming accommodation and dual occupancy properties.

Well done Brisbane City Council!