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They are probably happy to take your premium but would try everything to walk away from paying out on an unapproved use.

It isnt about "snookering the Council". If you are a serious investor, why would you not wnat everything legit and have it as a saleable asset instead of something that a buyer will discover in DD and then walk away from?

No, what the OP needs is development approval under the Environmental Planning and Assessment Act 1979 for use of the space as a "separate domicile"... all tidy and legal and able to be sold as an asset, not something that someone got caught for previously and had to get a Building Certificate...

Probably not, your problem is that the "Order" under the Local Govt act process has started and this is what you need to manage. Then, when its under control, worry about what path to take. I seriously think that something with a s149D on it ...an unapproved structure, would not be able to be...

Thanks for the info. WIll talk to the council surveyor first thing Monday and will check the link out. You are very welcome. Councils can be confusing and scary and NSW has one of the worlds very complex planning law regimes...it took me bloody years in at doing major assessments to be...

I would add one more thing... you said "The structure has an approved certificate 149D as a garage/storage with bathroom" A section 149D is not an approval, it is an agreement from Council not to prosecute or take action for 7 years. It appears to me that the person who created this...

Hmm. I have news for you and its mostly bad... You said "The structure has an approved certificate 149D as a garage/storage with bathroom, but not as a granny flat"..... this "compliance certificate" you mentioned has already been granted to the building under s149D so you very likely wont be...