Council notice on granny flat
Hi
Is this the first letter you have received from the council? Councils normally send a notice of the impending demolition order before issuing the order itself. This is to give you time to show cause why council should not issue the demolition order. There are several ways to get council consent retrospectively so to speak. In particular, if you may be able to fall under Affordable Rental Housing SEPP that overrides local council rules although you will always have to comply with BCA rules on fire safety. As someone said the worst thing to do is nothing. Get advice from an architect or local planner who should be able to explore your options but don't delay. The clock is ticking for you. You (or the architect/planner) should also go to the council and view the council's file on the property to see what was authorised and what was not. As owner you have right to do this and make copies of documents.
You should also demand your solicitor gives you the purchase file. It's your file and they are obliged to give it to you. Then take that file to another solicitor and ask them if the issue should have been picked up by your first solicitor. If so you may have a claim against them. They will have PI insurance. You may also have a legal claim against the builder if they knew and concealed the unauthorised construction of the granny flat. But builders are often not worth suing.
But priority should be to get planning advice from an architect or planner immediately.
Good luck.
Hi
Is this the first letter you have received from the council? Councils normally send a notice of the impending demolition order before issuing the order itself. This is to give you time to show cause why council should not issue the demolition order. There are several ways to get council consent retrospectively so to speak. In particular, if you may be able to fall under Affordable Rental Housing SEPP that overrides local council rules although you will always have to comply with BCA rules on fire safety. As someone said the worst thing to do is nothing. Get advice from an architect or local planner who should be able to explore your options but don't delay. The clock is ticking for you. You (or the architect/planner) should also go to the council and view the council's file on the property to see what was authorised and what was not. As owner you have right to do this and make copies of documents.
You should also demand your solicitor gives you the purchase file. It's your file and they are obliged to give it to you. Then take that file to another solicitor and ask them if the issue should have been picked up by your first solicitor. If so you may have a claim against them. They will have PI insurance. You may also have a legal claim against the builder if they knew and concealed the unauthorised construction of the granny flat. But builders are often not worth suing.
But priority should be to get planning advice from an architect or planner immediately.
Good luck.
