three flat on one block - legal?

[Totaro]

I refer to recent advertisement on realestate.com.au. It seems some properties have been converted/extended/Granny Flat to produce three or even 4 rental incomes.
Links:
http://www.realestate.com.au/property-house-nsw-guildford-117121187
http://www.realestate.com.au/property-house-nsw-guildford-116756459

I understand it's possible to get an Granny Flat as secondary dwelling. But three or four? Is that even legal (firstly for owner to do the building works, secondly for RE agent to advertise as such)?

if it is, why don't every one start doing it, seems like a sure fire way to boost rental yield...

 

[Perp]

I understand it's possible to get an Granny Flat as secondary dwelling. But three or four? Is that even legal (firstly for owner to do the building works, secondly for RE agent to advertise as such)?

It depends entirely on the zoning of the individual property, plus any special approvals. It may be zoned for multiple occupancy - in which case it's a right - or it may be zoned for low-density residential, but with an approved development application for multiple occupancy.

That doesn't mean that anybody else can necessarily do the same somewhere else.

It's possible it's illegal, but I would agree that one would be insane to advertise it on realestate.com.au as consisting of 4 units if it's not legal, because the penalties are significant.

 

[Totaro]

in case of the above two property, they are both zoned as R2 low density residential.
They both in Parramatta council

 

[Totaro]

It depends entirely on the zoning of the individual property, plus any special approvals. It may be zoned for multiple occupancy - in which case it's a right - or it may be zoned for low-density residential, but with an approved development application for multiple occupancy.

That doesn't mean that anybody else can necessarily do the same somewhere else.

It's possible it's illegal, but I would agree that one would be insane to advertise it on realestate.com.au as consisting of 4 units if it's not legal, because the penalties are significant.

So it is possible to do it legally via a application for multiple occupancy? Where can I find relevant info? I searched the SEPP and LEP and only saw rules about granny flat but not multiple.

I tried to search on council's website for the two above mentioned properties, but there isn't any DA regarding multiple occupancy or conversion of use. There is a DA for adding a garage. Could it be ppl just apply for a garage and then convert without approval? Confused...

 

[neK]

Sounds more like they just did it without approval.

Keep in mind they are selling it, so unless there is something illegal about having multiple kitchens, its technically fine as long as it was one family living there and they can and will deny any wrong doing.

But as they are selling it, they can advertise whatever they want, its up to the new owner to decide what they want to do. If they want to continue down the illegal path its up to them.

There's a reason why it says "potential rent"

From the ads I've seen, where a granny flat is actually approved, the agent will make this very clear as its a selling point.

 

[belvoir]

Lol one look at the agents name should send you running.

 

[Peter_Tersteeg]

The one with 3 units is obviously purpose built, it's going to need approvals. Verify this is all legal before proceeding. It's also going to be a little challenging to finance although quite doable.

The second property looks like it's a house with a granny flat. No big deal but again check with the council that the appropriate approvals are in place. It's also been sold.

 

[Totaro]

Lol one look at the agents name should send you running.

why is that?

 

[Totaro]

Sounds more like they just did it without approval.

Keep in mind they are selling it, so unless there is something illegal about having multiple kitchens, its technically fine as long as it was one family living there and they can and will deny any wrong doing.

But as they are selling it, they can advertise whatever they want, its up to the new owner to decide what they want to do. If they want to continue down the illegal path its up to them.

There's a reason why it says "potential rent"

From the ads I've seen, where a granny flat is actually approved, the agent will make this very clear as its a selling point.

The one with three units does have one kitchen for each, so three kitchens. Council says there is no DA on file.
Agent said if it's done internally then council won't bother. I doubt how true it is...
I'm sure if there is an inspection, the owner would deny wrong doing...but if there are multiple kitchen, would that sufficient for council to issue fines/order them to put back to orignal status?

 

[RetireRich101]

for Garnett St, it is full of housing commission tenant which probably didn't make any complaints to council..

the maximum best of use in parramatta for this zoning/block of land would be dual occ but if council said no, then owner probably extended attached and detached for single household use and added kitchens in...

the google map may not show, but appears its neighbour 58 is do similar but a bigger build at the back.. see attached.

 

[neK]

The one with three units does have one kitchen for each, so three kitchens. Council says there is no DA on file.
Agent said if it's done internally then council won't bother. I doubt how true it is...
I'm sure if there is an inspection, the owner would deny wrong doing...but if there are multiple kitchen, would that sufficient for council to issue fines/order them to put back to orignal status?

This is the part I am unsure of. Is there anything that says I cannot have more than one kitchen?

Who's to say I'm NOT living there myself and have both my in laws living with me. Is there anything illegal about that? Can anyone confirm?