is secondary dwelling a separate residential property ?

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sam2reach

New Member
24 February 2022
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Since I built a secondary dwelling (granny flat) council has increased services charges (water supply services, sewerage services, and drainage services) by multiplying by 2 and classified my property as Residential Multi premises. My Granny Flat is connected to the main house for water, stormwater, and sewer because my council states on their water service application “Second dwellings on the lot which are not issued a separate assessment number are not eligible for additional water services. Multiple dwellings on a single lot, under one ownership, are only eligible for a single water service / meter”.

My property is not under hunter water, but I found following information in their website

“Important note for dual occupancy properties: under our price determination single title dual occupancy properties (e.g. duplex, house with granny flat) with one meter are treated as a standalone house for billing purposes.”

My granny flat (secondary dwelling) is not allowed to have a separate title and my property only has one assessment for valuation under Valuation of Land Act.

Council review decision:

Your property is deemed to contain two domiciles, thus two properties according to IPART's definition, and thus is classified as Residential Multi Prem x 2.. For your information, tenancy status (occupied or otherwise) or count of water meters, have no bearing upon the applicable service charges.

  1. Can council impose additional service charges for water supply services, sewerage services, and drainage services under 501 Local Government Act without declaration of category under 520 of Local Government Act?
  2. Can council classify my property as Residential multi-premises by deeming secondary dwelling as separate Residential property under Local Government Act and IPART?
Legislation and definitions I think relevant to this discussion

IPART Definitions and interpretation: Residential Multi-Premises and Residential Property

Local Government Act 1993, Dictionary, parcel of land
.

Local Government Act 1993 sections 501, 516, 520, and 546