Living in unapproved granny flat whilst renting out the house?

Viewing 5 posts - 1 through 5 (of 5 total)

dafunk
Participant
@dafunk
Join Date: 2013
Post Count: 4
May 19, 2014 - 7:47 pm
Hi everyone
The usual scenario is trying to rent a granny flat without approval to a tenant.
But what if I live in the granny flat and rent out the house instead?
What are the potential implications from council?
I do intend to go through a DA process eventually but I was hoping to live rent free for a couple years before hand
But would have to do so retrospectively
Cheers
Dafunk
- This topic was modified 10 years, 6 months ago by dafunk.
wilko1
Participant
@wilko1
Join Date: 2010
Post Count: 510
May 19, 2014 - 10:10 pm
Do what you have to do. To get ahead and make a start, id say that idea is better then robbing banks.
Just dont go listing your home address as granny flat out the back of my house.
A little confused is the granny flat a non approved structure on the block. Or are you saying the Usual scenario is to rent a granny flat without letting the tennant know that your going to rent that structure. (well you would let them know in their rental contract)
Or if is a non approved structure.
council would most likely say. ” sir did you know this granny flat is here without permission, you cant live in this” Then you say OK i will move out and say how you where unaware of this because it had been there for yadadaa 10 years and couldn’t imagine how it couldn’t have approval. Then submit a DA for it because it had been their for 10 years etc
Catalyst
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@catalyst
Join Date: 2008
Post Count: 1,404
May 20, 2014 - 12:16 pm
Better for you to live in it and rent the house. That way if you get injured you won’t sue yourself (as insurance will not cover you as you are in an unapproved dwelling).
I know a lot of people rent unaproved granny flats illegally and get away with it. But I wouldn’t be able to sleep at night. What if they get injured (or killed). You lose EVERYTHING you own.
- This reply was modified 10 years, 6 months ago by Catalyst.
thecrest
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@thecrest
Join Date: 2004
Post Count: 992
May 20, 2014 - 1:47 pm
Scary public liability scenario. But my experience with Councils is that they say they are prevented by regulations from approving any structure afterwards or “ex post facto” as they told me. Has this changed and can you get approval afterwards these days ?
Cheers
thecrest
thecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
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selling motels in NSW
Brazen
Participant
@brazen
Join Date: 2010
Post Count: 47
June 21, 2014 - 12:31 am
thecrest wrote:
Scary public liability scenario. But my experience with Councils is that they say they are prevented by regulations from approving any structure afterwards or “ex post facto” as they told me. Has this changed and can you get approval afterwards these days ?
Cheers
thecrest
Yes, you can indeed get approval for a ‘Granny Flat Conversion’ post-construction (ex post facto) and this is achievable under the NSW State legislation in many cases. This rule hasn’t exactly changed but it’s a little known fact that you can do it despite even the legislated nominal setback prescriptions. I have a lovely email from the NSW Department of Planning which I often pull out to show people that you can indeed achieve a granny flat approval – even after the structure has been built; or it’s currently a garage or shed which is being (naughtily) occupied on the day of reckoning.
Check out some of my Conversion Guides here: http://www.grannyflatapprovals.com.au/garage-conversion-guides
There are ways if you know the legislation very well.
Brazen.
Brazen | Granny Flat Approvals Sydney
http://www.grannyflatapprovals.com.au
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Granny Flat Approvals Guru