Can I rent my non-approved dwelling?

Hi.

Just looking for a bit of help. I have a building on my property which is not an approved dwelling. Can I rent it out at all? Can I rent it out while I go through the process of getting council approval? I'm happy to shell out a few dollars for the improvements necessary to get council approval but not to be fined or even go to jail (eek).

Thanks for taking the time to answer!

(My google-fu is weak and approaching our small council tends to peak their interest - something I don't want right now.)

 

Hi there

It's at your own risk that you rent an unapproved dwelling and I would caution you against it, depending on how "unapproved" it is. If it's a minor issue, such as a final occupation certificate not being issued by council for relatively small works, then it shouldn't be too much of a problem. If, however, it was larger than this and much of the building is unapproved, then you have some work to do

I understand you not wanting to contact council, but you're probably best to locate someone sympathetic, come out and take a look at what needs to be done, rectify it and then place tenants. Councils can be understanding when you approach them the right way, and express your desire to set things right with the property. It's in their best interests, after all.

There's always a solution somewhere. You just need to talk to the right people and take the required paths of action. I wouldn't get worked up about fines and gaol if I were you. You're hardly a criminal!

 

Thanks for the advice!

 

canirent

I am not an expert on the legal side of things but I wouldn't rent the place as a unit or granny flat if it's not approved for that purpose.

I'd probably rent it as a shed but if you have installed a stove and/or the electrics are not done as per the norm and someone gets injured or killed you could be in trouble.

I'd seek council approval before letting anyone live there.

Cheers

 

Yes I was thinking the same thing. What is your legal liability if a tenant gets injured on your property that was not an approved dwelling. Could be a lot more pain than doing it right through the council in the first place

 

Also, the insurance company would probably use this as an excuse for not to pay on a claim.

 

Yes, all those things occurred to me. I think I would be up for paying back rates too if the council were so inclined?

 

So today my google-fu is strong (and I have some time). If there were ever any doubts that this was a Really Bad Idea, I found the relevant state legislation.

For allowing a building to be used without a certificate of occupation: $10000 fine.

For providing misleading information to council: $4000 fine and 1 year jail

For providing misleading information to any-one: $8000 fine and 5 years jail.

Unapproved building works? $60000 fine.

Undertaking a development without approval? $120,000 fine.

 

So how did you go talking to council?
I wouldn't get too worked up over the fines as they're usually a last resort by councils and I'm sure, with sensible conversations with a sympathetic councillor, you can overcome these hurdles. Keep us posted and keep your chin up

 

I've just phoned our local council and asked the same question. We have a 70sqm Titan shed that I have insulated and lined with Gyprock, installed aircon and covered the floor with carpet squares to turn it into a home office.

We dont use the space anymore though so would like to rent it out. I thought it would suit as an office for a small business maybe generating around $400-$500 per week. Just waiting to hear back from the in the next day or two so I'll post back and let everyone know how I went.

 

aha ,

a subtle twist ..

i was thinking a residential rental rather than a commercial one

customer car parking ( off the street ) might be a requirement ( and toilet/wash-up facilities might be a requirement )

i can't promise anything , but you have a better chance of a happy outcome ( in the long run )

good luck

 

Consider what happened with the bankstown incident - unapproved rooms where build. There was a fire, one person died and one seriously injured and now everyone is getting sued - agent, landlord, strata etc.