Everything you need to know about the changes that have come into effect regarding secondary dwellings such as granny flats or on your Queensland property.
Post covid, The Queensland population continues to thrive as individuals and families move to the sun shine state, Queensland is now finding itself struggling through a shortage of housing causing an extreme lift in rental prices and renters finding themselves feeling the pinch.
To curb the current housing shortage, The QLD department of state development, infrastructure and local government and planning have made amendments to the legislation in order to provide people with more access to housing options.
Restrictions on who can live in secondary dwellings will no longer apply across Queensland and will enable homeowners to rent out secondary dwellings, such as granny flats, to anyone in need of housing, not just the family members of the property owners.
The amendment to the Queensland Planning Regulation announced on 23 September 2022 came into effect on Monday 26 September 2022.
The amendment removed the restrictions of how members of a household live together. This recognised that the relationships of occupants in a dwelling and how they interact with one another should not be considered in a planning assessment of how land is used.
So, What does this mean for new secondary dwellings in Brisbane?
Well, Basically this means that any new secondary dwelling will now be able to be rented to anyone looking for housing, regardless of the relationship the the occupants of the primary home.
This will provide more choice for renters and also allows the opportunity for home owners to receive supplementary income from renting the secondary dwelling on their property.
For any new secondary dwelling, you will still need to speak to your council to understand whether you need development approval for a second home as this has not changed.
Every secondary dwelling will still require building development approval from your local council.
What does this mean if I have an existing secondary dwelling (granny flat)?
If you currently own an existing secondary dwelling that is associated with an existing dwelling (house) and the secondary dwelling (granny flat) is to code and has building approval and compliance then you're already set-up to begin renting the property. there is no more legality required from your end.
If you currently own a secondary dwelling that did not require planning approval from your local council or the secondary dwelling does not have conditions placed on it in regards to occupancy it can also now be rented out.
In the circumstance that you dwelling contains development approval conditions that result in the restriction of occupancy, you will be required to follow the usual process outlined by the QLD State Government Planning Act 2016 for making a "change application" in order to change to the updated conditions. If this is the case, before you rent your secondary dwelling, you are required to check if any additional building works are needed to be undertaken that will require a building approval. Notably in regards to fire safety.
What Fire Safety and compliance considerations or rules will be implemented?/What building regulations and compliance considerations will be put in place?
There has been no change to the fire safety or building framework as a result of the amendments made to the use of secondary dwelling. However, a change in which the way in that an existing secondary dwelling is occupied may trigger the need for a building application.
Every homeowner is required to ensure the secondary dwelling on their property meets and complies with the building code requirements for renters. this is to ensure that the dwelling is safe for renters and is complying with any other local government or legislative requirements.
To provide an example, say the use of a single dwelling (home) with a granny flat changes to a single dwelling with a leased secondary dwelling, then additional fire and sound transmission requirements of the building code will apply.
For example, if the use of a single dwelling with a granny flat changes to a single dwelling
For information about any additional requirements, advice should be sought from a building certifier. A list of licensed certifiers can be found here at the QBCC website.
What tenancy agreements will be required to lease my secondary dwelling?
It is important to understand your responsibilities as a landlord and to comply with all government regulations on the matter. Tenancy agreements will need to be put in place and adhered to.
There has not been any changes as to how a tenancy agreement is made and there is a list of tenancy agreements on the Residential Tenancies Authority's website which provides a range of advice on the type of agreement that would be required dependent on the style of accommodation.
To view the announcement of the amendment to the planning regulation. click here.
If you're considering having a new secondary dwelling built on your property in the Moreton Bay Region, contact the team at Toby Drew Homes to assist you in having this completed.
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