As the cost of living continues to rise, we are seeing owners turn to other options to get the best value out of their homes – including converting a garage, shed or carport into a habitable space with a view to rent that new space out.

The law is pretty clear on whether a garage, shed or carport can be a habitable space and long story short, the space will not legally be considered habitable until such time as Council approval is sought, and all building complies with the terms granted.

Garages, sheds and carports are classed under the National Construction Code as non-habitable “Class 10a” Buildings – meaning they are not designed to be used as a dwelling.

As such, even if a garage, shed or carport is seemingly fitted out with all the hallmarks of a proper dwelling (e.g. windows, doors, carpet) it still may not legally be classed as “habitable” which can open a can of worms for the owner (under the residential tenancies legislation) and create unintended issues for the body corporate’s insurer.

Each local council will have their own specific hoops for an owner to jump through when looking to convert a garage, shed or carport into a habitable dwelling. It is wise to seek town planning advice before committing to any other significant spend or works in enclosing the garage, shed or carport.

Regrettably – some garages, sheds or carports are just not suitable for conversion into a Class 1a habitable space. For example – the space might not be set back the right distance from the lot boundary to meet council requirements, the ceiling height might not meet NCC requirements, the slab floor might not have a vapor barrier installed to prevent rising damp.

Well prior to enclosing the garage, shed or carport, an owner would need to seek advice and assistance with the following:

• Floor plans, architectural plans, structural design plans and structural engineering inspection certificate;
• Detailed plumbing, hard wired smoke alarm plans;
• Payment of a Building approval fee (often payable just for lodging the application and no guarantee of the approval being granted);
• Costs and process of seeking the body corporate’s approval for any structural changes;
• Costs of the ongoing additional insurance premium payable as a result the new dwelling space.

What if I just build in my carport and not worry about Council Approval or classification

This is where a willful blindness to the legal requirements of converting a Class 10a space into a Class 1a space can truly backfire on an owner who elects to go their own way without engaging in the proper Council processes.

Firstly – its open to the Committee to ask a fellow owner to provide written evidence that their converted rage, shed or carport meets with Council approval. The Committee does not have to take this step – it is generally incumbent upon the individual owner for any sort of structural change, to enquire of the Committee what is required to formally seek approval before any works commence.

Secondly – it is open to owners or occupiers who witness tenants living or moving into a converted garage to report their concerns to the Queensland Fire and Emergency Services and ask the QFES to investigate whether the enclosed space is fire compliant.

The QFES have significant powers to enter and inspect a premises. For example, they can shut off the supply of water/gas, damage anything they need to in the course of their investigation and physically remove any occupant who fails to comply with directions to leave the premises.

Penalties apply for those who do not cooperate with the QFES.