A Private Certifier can't approve a granny flat conversion if doesn't meet the SEPP regulations and the BCA.
Possible good news though (assuming it's at the lane way):
A granny flat built at the boundary of a Laneway can now be approved under the SEPP (at zero setbacks) if it is maximum 50% of the block width.
See here:
Granny Flat SEPP
Schedule 1 Development standards for secondary dwellings
Part 10: Setbacks from rear boundaries
(Clause 3): ....
a dwelling on a lot that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50 per cent of the length of that boundary
The side setback must be minimum 900mm- assuming the overall height of the granny flat (at any point) is 3.8m or less, as measured from lowest natural ground level. Any higher than that and the setbacks must increase at 0.25x
The Certifier is also legally bound to ensure that ALL prerequisites of the SEPP are met. This includes:
- direct access ( a door) must be available from a living area to a 'Private Open Space' with dimensions of minimum 4m x 6m (24 sq m)
-Minimum landscaping must be met (not hard to achieve really): e.g. an average block size (say 600 sq m) must have 75 sq m of rear landscaping and same again at the front of the main dwelling. These cumulative areas cannot be made up of thin strips less than 2.5m wide.
- Minimum 1.8m from the main dwelling's wall to the granny flat's wall. This is a BCA requirement relating to fire-separation (Part 3.7.1 of the BCA).
- BASIX (Energy Efficiency) must be done now, which relates to minimum insulation, gas or solar or heat-pump hot water. Rainwater Tank will be needed and roof-water connected (by a qualified plumber) to a gravity fed or charged system. A certifier must also see a structural Certificate from an engineer certifying that the slab is suitable for the structure under all relevant code practices. A waterproofing Certificate will be needed from a qualified plumber. Internal wall heights must be minimum 2.4 m.
There are other requirements, but you get the picture.
I reckon I get 3-4 phone calls a week from people asking for granny flat conversions. I used to do them but I have to refuse most of them now. Most people who call me thinking it's a 5 minute fix. It just isn't these days. Certifiers are more culpable than ever so they wont risk any non-compliance. Councils have become particularly anal ever since Certifiers have been given the right to approve granny flats under the SEPP. They have retaliated by imposing (in some cases) ridiculous infrastructure fees (Section 94 Levies) or they just simply refuse them outright - of course they will gladly allow you to pend thousands of dollars applying to them for approval before issuing the Refusal.
Im actually depressed after writing all of that.
