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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 210
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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I bought a house 13 years ago with a granny flat at the rear

Customer Question

I bought a house 13 years ago with a granny flat at the rear of the property.
We renovated the granny soon after perchasing the property.
The council has just recently informed me that they have not given planning permission so I have to knock it down.
I am of the opinion that I am allowed to renovate an existing building, is this correct.
Because this building is over 15 years old I regard it as existing, so can I keep the building.
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today. Please note that you are waiving client legal privilege over my advice to you by posting on this website. What that means is that my advice to you is not confidential and is not protected at law from disclosure to anyone else.

If the planning instrument that was applicable to the zoning of your property forbade the erection of a granny flat and there has been no changes to the law or planning instrument that suddenly makes it a legal building, then it will be an illegal building that requires destruction. Without knowing the location or zoning or Council area of your property it is difficult to give specific advice on this. What you need to do is to dig up the old contract for sale of land for your property and see what the section 149 certificate says about its zoning. It is a certificate attached to the contract for sale of land. Then you will need to order a new section 149 certificate for your property to ascertain whether the zoning has changed and what it is. Then you can check the zoning requirements in the planning instrument to ascertain whether it's a legal building (whether it was in the past or whether it is now). I could also help you with this once you have the certificates. You can purchase the certificate from Council's offices.

Expert:  kmslaw replied 1 year ago.

Hello. Did you find my answer helpful? If so please let me know.