Hi All
BCC has begun to issue show cause and enforcement notices against people renting out dual living or granny flats or unapproved duplexes separately.
A Qld Court of Appeal decision determining that a house can not include discrete classes of people living in distinct areas of the dwelling without it being classified as a multi-unit dwelling.
In plain english this means that it is not permissible to lease out a primary and secondary dwelling to separate parties, at least in BCC area, if there is no planning approval for a multi-unit dwelling.
I have seen enforcement notices take 2 forms thus far,
1. If the dwelling is on low density residential land
At the expiration of the term of the current lease agreement but no later than 12 months from the date of this enforcement notice, owners are required to regularise the use of the premises to ensure compliance with the House Code
-1 single lease agreement over whole premises
-1 letterbox, water meter, power meter
And then to either provide a stat dec that this has been done within 30 days of the completion of the works, or in some instances it is requiring certification of compliance
2. If the dwelling is low-medium density land
Requiring the owners to submit a development application for a material change of use to multi unit or single unit dwellings, within a specific period of time.
If no MCU is applied for or given, regularise the dwelling as per 1 above.
Maximum penalties exceed $180k for an individual who fails to comply with an enforcement notice.
If you have received an enforcement notice, you have 20 days to appeal it so you need to get in contact with a town planner NOW.
If you have received a show cause notice, contact your town planner now and see if you can avoid progressing to an enforcement notice.
If you lease out any dual living/ duplex / granny flat or other type arrangement for a dwelling zoned for a house, but with separate lease agreements, contact a town planner now and seek advice.
I am willing to look at anything above without charging anyone fees, fees will be payable if you need my planning firms help to try and resolve the situation.
This will affect thousands of properties across Brisbane. It looks like they are starting on 1 side of the city and going to work across it, as most of my notices are from within 1 distinct area of Brisbane.
Email me at the PRO Town Planners address.
Darryl
BCC has begun to issue show cause and enforcement notices against people renting out dual living or granny flats or unapproved duplexes separately.
A Qld Court of Appeal decision determining that a house can not include discrete classes of people living in distinct areas of the dwelling without it being classified as a multi-unit dwelling.
In plain english this means that it is not permissible to lease out a primary and secondary dwelling to separate parties, at least in BCC area, if there is no planning approval for a multi-unit dwelling.
I have seen enforcement notices take 2 forms thus far,
1. If the dwelling is on low density residential land
At the expiration of the term of the current lease agreement but no later than 12 months from the date of this enforcement notice, owners are required to regularise the use of the premises to ensure compliance with the House Code
-1 single lease agreement over whole premises
-1 letterbox, water meter, power meter
And then to either provide a stat dec that this has been done within 30 days of the completion of the works, or in some instances it is requiring certification of compliance
2. If the dwelling is low-medium density land
Requiring the owners to submit a development application for a material change of use to multi unit or single unit dwellings, within a specific period of time.
If no MCU is applied for or given, regularise the dwelling as per 1 above.
Maximum penalties exceed $180k for an individual who fails to comply with an enforcement notice.
If you have received an enforcement notice, you have 20 days to appeal it so you need to get in contact with a town planner NOW.
If you have received a show cause notice, contact your town planner now and see if you can avoid progressing to an enforcement notice.
If you lease out any dual living/ duplex / granny flat or other type arrangement for a dwelling zoned for a house, but with separate lease agreements, contact a town planner now and seek advice.
I am willing to look at anything above without charging anyone fees, fees will be payable if you need my planning firms help to try and resolve the situation.
This will affect thousands of properties across Brisbane. It looks like they are starting on 1 side of the city and going to work across it, as most of my notices are from within 1 distinct area of Brisbane.
Email me at the PRO Town Planners address.
Darryl