Explained the process of COO and detached extensions

At Canberra Granny Flats we aim at making the approval process as smooth and as efficient as possible.   

From our experience, whilst the legislation is clear that a single dwelling can have a maximum of two kitchens, this has led to major delays (12mth +) during the approval process from both the Building Certifiers and the Planning department. 

Excerpt of the legislation - Planning and Development Regulation 2008 (repealed)

(1) In this regulation:
     dwelling-

      (a) means a class 1 building, or a self-contained part of a class 2 building, that-

            (i) includes the following that are accessible from within the building, or the self- contained part of the building:
                (A) at least 1 but not more than 2 kitchens;
                (B) at least 1 bath or shower;
                (C) at least 1 toilet pan; and
            (ii) does not have access from another building that is either a class 1 building or the self-contained part of a class 2 building; and
      (b) includes any ancillary parts of the building and any class 10a buildings associated with the building.
(2) In this section:
      kitchen does not include-
      (a) outdoor cooking facilities; or
      (b) a barbeque in an enclosed garden room.

The definition of a dwelling is contained within a now repealed Act, no new definition has been made available in the new set of legislation. We are waiting on confirmation from the department about whether the definition has changed, until there is communication otherwise, the old definition will apply to the legislation. 

Excerpt from the National Construction Code - NCC 2022 Volume Two – Building Code of Australia Class 1 and 10 buildings 

(2) Class 1 includes the following sub-classifications:
      (a) Class 1a is one or more buildings, which together form a single dwelling including the following:
            (i) A detached house.
            (ii) One of a group of two or more attached dwellings, each being a building, separated by a fire-resisting wall, including a row house, terrace house,                         town house or villa unit.

Single dwellings do not need to be just one building, a detached extension, provided it does not count as a dwelling, is still a part of that same single dwelling. This means that a detached extension is still part of one house, and not classed as a secondary dwelling. 

 Therefore, we highly recommend, in order to get your plans approved quickly, we install kitchens once the Certificate of Occupancy and Use has been issued.

This has no impact on insurance or use for Class 1 structures as there are no requirements for kitchen renovations to obtain approvals.    

Included in our proposal will be the total value of having the kitchen installed post-handover, so you will not need to borrow and find any further funds.   

We provide you with a total project proposal. 

Retrofitted kitchens can be installed within two weeks of you taking possession of your project, so the impact on your moving in is minimised. 

Snip the parts of the NCC that explain that a dwelling doesn't need to be connected to be considered the same dwelling.