Studio/Home Office - Garage Conversion

Hi All,

My property already has an approved granny flat, but now would like to convert half the garage (approx. 26 sqm) into a Studio/ Home Office with a toilet and shower only, so to put my son in it to get him away from me.

Will the council view it as a granny flat? Therefore, ruling it as illegal? Since I already have one.

It will not have a kitchen, so it is not self contained, therefore not granny flat? am I correct?

It will have air conditioner, hot water system and other improvements to make it a compliant living space.

Also can I get it certified by a Private Certifier?


Many thanks
 
Hi Redfish,

You are definitely allowed to have a main dwelling, a granny flat AND a detached studio; all approvable by a Private certifier. This assumes the property qualifies for NSW State SEPP (Certifier) Approval. This generally just means the property:

1. Is zoned residential
2. Is not severely flood-prone (overland-flow path, high risk flooding).
3. Is not in a bushfire flame-zone or high-risk
4. Doesn't require removal of a significant tree (6m or higher and listed on Council's protected list).

Brazen.


P.S. The NSW SEPP Legislation unfortunately changed last week (February 22nd 2014) to only allow a maximum floor space (for studios) of 35 square metres :(
 
The garage conversion to a studio obviously need to met the usual SEPP requirement to become habitable room such as basix, slab/frame, wet proofing, weatherproofing, pest certificates etc.??
 
The garage conversion to a studio obviously need to met the usual SEPP requirement to become habitable room such as basix, slab/frame, wet proofing, weatherproofing, pest certificates etc.??

Yes it does. Here's the new 'DETACHED STUDIO' rules:

http://www.legislation.nsw.gov.au/maintop/view/inforce/epi+572+2008+cd+0+N

3.33 Development standards for detached studios


(1) This clause applies:
(a) to a detached studio, and

(b) in addition to the development standards specified in clauses 3.8, 3.9 and 3.24.

(2) A detached studio must not be located in a heritage conservation area or draft heritage conservation area.

(3) A detached studio must be located behind the building line.

(4) Not more than one detached studio may be located on a lot.

(5) A detached studio must not have a building height of more than:
(a) 3.6m, or

(b) if the studio is located within 900mm of a lane?6m.

(6) The floor area of a detached studio must not be more than the following:
(a) if the lot has an area of not more than 350m2?20m2,

(b) if the lot has an area of more than 350m2?35m2.

(7) A window in a new detached studio, or a new window in any alteration or addition to an existing detached studio, must have a privacy screen if:
(a) the window:
(i) is in a habitable room that has a floor level of more than 1m above ground level (existing), and

(ii) has a sill height of less than 1.5m above that floor level, and

(iii) faces a side or rear boundary and is less than 3m from that boundary, or

(b) the window:
(i) is in a habitable room that has a floor level of more than 3m above ground level (existing), and

(ii) has a sill height of less than 1.5m above a floor level of more than 3m above ground level (existing), and

(iii) faces a side or rear boundary and is at least 3m, but not more than 6m, from that boundary.

(8) The side and rear setbacks for a detached studio are as follows:
(a) if the lot has a width, measured at the building line, of at least 6m but not more than 18m?0.9m,

(b) if the lot has a width, measured at the building line, of more than 18m?1.5m.

(9) Despite subclause (8), a detached studio that is located within 900mm of a rear lane:
(a) may be built to both side boundaries if the lot has a width, measured at the building line, of at least 6m, but not more than 8m, or

(b) may be built to only one side boundary if the lot has a width, measured at the building line, of more than 8m, but not more than 12.5m.

(10) Subclause (9) does not apply if:
(a) the wall of a building on the adjoining lot is not of masonry construction and is within 900mm of the boundary, or

(b) the wall of a building adjoining the lot has a window facing the boundary and is within 900mm of the boundary.

(11) A wall within 900mm of a boundary of a lot on which a detached studio has been erected under subclause (9) must not be higher than:
(a) 3.3m above ground level (existing), or

(b) if the wall is built to a boundary wall on an adjoining lot?the height of that boundary wall, but not higher than 6m.
 
Hi Redfish,

You are definitely allowed to have a main dwelling, a granny flat AND a detached studio; all approvable by a Private certifier. This assumes the property qualifies for NSW State SEPP (Certifier) Approval.

P.S. The NSW SEPP Legislation unfortunately changed last week (February 22nd 2014) to only allow a maximum floor space (for studios) of 35 square metres :(

So from what i gather, i see 3 approved buildings... does that mean i can rent out all 3? :)
 
So from what i gather, i see 3 approved buildings... does that mean i can rent out all 3? :)

A detached studio is not a separate dwelling and cannot be legally rented out. It can only function as ancillary development to an existing dwelling on site.
 
Technicality

A detached studio is not a separate dwelling and cannot be legally rented out. It can only function as ancillary development to an existing dwelling on site.

BUT you can call the tenant in the studio a boarder, right?:D what i mean is, you can have a tenant in the granny flat and then have another "boarder" in the studio....:p

Either way, you collect rent, no?
 
Brazen, as usual your posts are extremely helpful on this forum and outline things so clearly. Just wanted to say well done before I ply you with kudos again :D
 
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