CAUTION Dual Living/ Duplex / Granny Flat Brisbane City Council Action Against Owners
- Thread starter RPI
- Start date
Good pickup Mr H
At first glance looks doable with some spend on fire safety. Fire safety code attached
Need more time to look at in detail
Yeah, you might not have picked it up because the Rooming Accommodation Code was not included in the Draft Plan that went out for public consultation. So essentially, the public doesn't know about it and has not had the opportunity to have their say on it.
When it was initially included it had a restriction that the rooms could not be self contained, but this changed again before the plan was passed to remove this restriction.
Acceptable Solution A01 of the Rooming Accommodation code also mentions that it can be done in a granny flat (secondary dwelling) so long as there are no more than 5 people in total.
So it appears that BCC have spent a lot of money attempting to enforce something that their new plan actually supports.
When it was initially included it had a restriction that the rooms could not be self contained, but this changed again before the plan was passed to remove this restriction.
Acceptable Solution A01 of the Rooming Accommodation code also mentions that it can be done in a granny flat (secondary dwelling) so long as there are no more than 5 people in total.
So it appears that BCC have spent a lot of money attempting to enforce something that their new plan actually supports.
The fire safety requirements are pretty straight forward ; nothing to complex or costly there.
Just had a quick look through the code. Interesting 
However, does this mean one would be able to put all 5 in separate leases?
However, does this mean one would be able to put all 5 in separate leases?
Can somebody please explain this in plain language?
*Does this mean that every low-density residential property can now effectively be a multi-tenancy, provided there are no more than 5 leases?
*Does it mean granny flats can be let separately on any low-density residential property?
(Fire safety compliance permitting.)
If it does mean one or both of these things, is this likely to have been intended, or an error? If it's an error, is it something Council is likely to change as soon as they realise?
*Does this mean that every low-density residential property can now effectively be a multi-tenancy, provided there are no more than 5 leases?
*Does it mean granny flats can be let separately on any low-density residential property?
(Fire safety compliance permitting.)
If it does mean one or both of these things, is this likely to have been intended, or an error? If it's an error, is it something Council is likely to change as soon as they realise?
my understanding is that they need to be students, reading the fact sheets. But no mention of student as a requirement in the actual code.
I have a copy of a letter BCC sent my parents regarding rooming accomodation.
There are some ridiculous requirements such as must have a bathtub (not just shower), oven, etc. It even goes into detail how much wardrobe space each person needs as a minimum!
Basically, this is to cover a share house situation. From memory it is not covering multiple occupancies/dwellings, that is, separate leases. I think there a difference between 'dwelling/occupancy' and 'households'.
There are clear guidelines in that:
- 1 meter only
- 1 mailbox only
- maximum of 3 bins
There are some ridiculous requirements such as must have a bathtub (not just shower), oven, etc. It even goes into detail how much wardrobe space each person needs as a minimum!
Basically, this is to cover a share house situation. From memory it is not covering multiple occupancies/dwellings, that is, separate leases. I think there a difference between 'dwelling/occupancy' and 'households'.
There are clear guidelines in that:
- 1 meter only
- 1 mailbox only
- maximum of 3 bins
In plain English...
The new code allows for 5 individuals on separate leases/rooming accommodation agreements in a normal house (so long as fire requirements are met) in low density residential zoning. There is no requirement for them to be students.
This is no mistake. It allows BCC to deliver on their big push to attract (and house) international students.
The kicker is that granny will not be able to live independently in a granny flat any more due to the new "Household" definition.
Since BCC have killed off all other affordable housing options in the new City Plan (eg. the insane requirements for dual occ, and not allowing renting of a granny flat outside of rooming accommodation) you are bound to see an explosion of this type of housing in Brisbane.
Disregard the fact sheets, they are not the statutory document and are often misleading.
If you check out the Dwelling House fact sheet there is a section dedicated to granny flats which contradicts the code. In subsequent communication I've had with BCC they have debunked some of the so called "facts".
The City Plan 2014 document has also changed quite a lot since the fact sheets were produced.
That's not a big change, is it? I thought you could do this before (possibly only 4?). Or is the change that they no longer have to be students?
Can you elaborate on this? What's the significance of "independently"?H Property said:
That's not a big change, is it? I thought you could do this before (possibly only 4?). Or is the change that they no longer have to be students?
Yes, you could do it before so long as there were no more than 5 people and it fell under the House Code. The difference now is that they've split it into the Rooming Accommodation Code.
Very significant. The new household definition requires all occupants to have a "common provision for food or other essentials for living". This is still a grey area but it's obvious to conclude that if granny wants to live independently (eg. cook her own meals, and pay her own bills) it would constitute a 2nd household.
A Dwelling House is strictly for a single household, so you'd need to apply for Dual Occupancy (2 households) for any independent occupation of the secondary dwelling. Silly really. To be classed as a secondary dwelling, it needs to be self contained and the whole purpose of a secondary dwelling is to allow the occupant(s) to live independently. So, what is the point of being self contained if the occupant is forced to share facilities with the main house under the new household definition?
I put in a submission to the new City Plan on this very issue. Council's response was that any independent occupation of a secondary dwelling (whether it's granny or not) will require a Dual Occ application. The problem there is that a Dual Occ requires 3000m2 of normal residential zoned land, so it's never going to happen.
I have received some initial clarification from BCC regarding their new City Plan, and it's uncovered a massive conflict.
"Household" definition
"Common Provision for food" means a kitchen
"Other essentials for living" means other self contained facilities (eg. bathroom, laundry etc.)
Secondary Dwelling (Granny Flat)
Is required to be self contained, otherwise it's not a secondary dwelling.
Dwelling House
Can only be used by one "Household".
So based upon BCC clarification, the existence of a secondary dwelling would constitute a 2nd household and conflict with the requirement of a single household in a Dwelling House.
I'm told I need to make a written request for information to the Planning Department to determine if granny living in a secondary dwelling would require a Dual Occupancy application, as the planner I spoke to didn't know.
"Household" definition
"Common Provision for food" means a kitchen
"Other essentials for living" means other self contained facilities (eg. bathroom, laundry etc.)
Secondary Dwelling (Granny Flat)
Is required to be self contained, otherwise it's not a secondary dwelling.
Dwelling House
Can only be used by one "Household".
So based upon BCC clarification, the existence of a secondary dwelling would constitute a 2nd household and conflict with the requirement of a single household in a Dwelling House.
I'm told I need to make a written request for information to the Planning Department to determine if granny living in a secondary dwelling would require a Dual Occupancy application, as the planner I spoke to didn't know.
Oh, also confirmed....
- Rooming Accommodation can be done in a House and is self assessable if you meet the Acceptable Solutions in the Rooming Accommodation Code (which includes 5 or less people and meeting the fire safety requirements).
- There is no requirement for them to be students
- The difference between a 5 unrelated people in a "share house" vs "rooming accommodation" is that occupants in rooming accommodation live independently and are classed as separate discrete households.
- You can have separate lease agreements
