Building on Parent's Block.

My wife and I have been offered the opportunity to build a second house on her parents property. The idea behind this being that her parents are starting to look to downgrade, they want to stay where they live but the house is too large for them. It's completely renovated, the whole property is actually a beautiful place with large garages, pool, entertainment area etc.

The arrangement we have discussed is that my partner and I pay for the granny flat that would be built, in character to the original home, 2 bed 1 bath, in return we take on the main residence as our home. The cost of the build is then basically our share in the property.

The reason we are seriously looking into this is for a number of reasons. Firstly we have a bub on the way (woo!) and this is a perfect family home, and secondly, I work a 2:2 roster in the Oil & Gas industry which at the moment see's me close to home but will be pursuing an offshore career next year after the birth of bub 1 - that will most likely see me on a 28:28 roster. That being said, I can leave my wife at home comfortably knowing everything is ok and she'll handle the family fine.

The obvious negative about the situation is any money we put into the build, we are unable to pull out until the passing of her parents or selling of the property. At this current time, we have no plans to leave the area we live in and have a fantastic relationship with her parents (lived with them prior to this as well) but obviously 30+ years is a long time!

We were thinking that if we put say $200,000 into building a second dwelling, and the property valuation afterwards was $1.0m then we have written in the will/contract that we own 20% of the property. There is one other child, so when the time came that her parents passed we take 20% of the total plus half of the remaining, so 60% all up.

The other issue is financing it, I told the FIL that we would not be able to finance under our names because we do not own the property. It would have to be under theirs with a contract between us stating the total the amount we pay back.

I realise this is a bit unconventional but just after some thoughts and opinions!
 
Sounds like a good idea, especially with a baby on the way and you not being there a lot, and particularly if everyone involved is happy with this arrangement and not "settling for it". If I was your wife, I'd jump at this opportunity to have companionship and help close by, especially as the relationship between you and her parents sounds like it is good.

It is good that you are thinking ahead and taking into account your wife's sibling and the situation on the eventual passing of their parents. I'd just make sure that the sibling understands that this arrangement is not trying to diddle him/her but protects his/her eventual interest. We're going through a will challenge right now (great fun... NOT!) so you want to avoid any misunderstandings down the track and document everything now. Be aware though that documenting everything doesn't mean there will not be problems down the track...
 
Financially a good opportunity but family arrangements can fracture previously good relationships. I would go with the arrangement but get legal advice and have everything documented.

I would also include the sibling in the discussion, if they feel hard done by then things could get nasty later on so have everything out in the open by keeping them in the loop. Invite their input and discuss and resolve any doubts now before the deal is done.

$200k is a rather grand granny flat, you may find that you don't need quite that much which raises the possibility of the parents building the GF themselves and you renting the front house at a reduced rent.

Gives you a permanent home, allows you to save money to invest and may be more acceptable to the sibling.

Discuss :)
 
As above, I would want to include the BIL in the disucssion of the contract. Just so he is completely in the loop and there is no misunderstandings.

That last thing you want is a 'hard-done-by' family member.
 
Agree that $200K is a lot for a granny flat. In NSW the maximum size is 60sqm. We are building one (brick veneer with tile roof) for $120K.

Even at $120K, we will not get that value back in the valuation of the property- we would be doing very well to get back $80K. So make sure you don't over capitalise.
 
To secure your interest in the property, you should agree upfront for your in laws to put your wife/you on title as 20% owners as TIC. Wills can be changed, you are not dependants etc so if the inlaws pass at different times and the will is changed you can end up on the street.
 
Sounds great from a few perspectives, especially with you working away.

My concern, and obviously yours too, is what happens in 5 years time when you want to get your own place and circumstances have changed? You are kind of tied to the property as you have put $200k into it. Would your parents be happy with you renting out the house if you move out?

Ausprop - Probably no centerlink issues as property is in parents name and usually the family home is exempt from any pension calcs. This would obviously change if the house was to be rented in the future.
 
Ausprop - Probably no centerlink issues as property is in parents name and usually the family home is exempt from any pension calcs. This would obviously change if the house was to be rented in the future.

ok I was thinking more along the line of there being 2 x hosues now, so rental income to be assessed (even if not paid?), CGT issues etc?
 
ok I was thinking more along the line of there being 2 x hosues now, so rental income to be assessed (even if not paid?), CGT issues etc?

As far as I am aware, having two houses on the property does not change the centrelink exemption or CGT main residence exemption unless the property earns income.
 
All is happy families at this stage, but sometimes that changes. Make sure there is an exit strategy in case living so closely together does not work out in the long run. Yes, it happens.
Marg
 
Just reviving an old thread to give an update and try and get some more feedback.

So we have looked further into doing the granny flat, finally finished giving our current house a fresh coat of paint and it's nearly ready to either sell or rent out. The reason I have come back on here is to ask about the size restrictions around the granny flat - I have found that 60sqm is the maximum allowable. While this is reasonable, after discussing with the inlaws as to design/layout, it looks like a little more room is required.

Has anyone encountered this same issue? I am going to call the council tomorrow and see if we can get around it any other way.
 
60sqm is the maximum allowed under the granny flat legislation which effectively bypasses council planning requirements. Any more than that would have to be a full DA. That would take a lot longer, and may not even be allowed. If it is allowed it will cost you a lot more to apply. The council will be able to tell you the process.

Be careful about over capitalising. As previously stated, you may well not get the value of the building back in property value.
 
You can always add a nice pergola to increase the living area. Especially in the granny flat is L shape. Then already two sides are covered!
 
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