Covenant- Minor Dwelling

[fisherking]

Hi There, Need your valuable assistance,
Below is my property covenant,

a).....
b) That he will only erect or place or permit to be erected or placed on the property
Single dwelling house having a closed in floor area of not less than 115 Sqm (exclusive of basement, carport or garage).
The exterior of any basement will be fully sheaved and completed with fixed windows and doors.

c)…..

d)…..

e) Should the aforementioned lot be used for the erection of two or more units then, (b) above is to be
amended to read two or more single dwelling having a closed floor area of not less than 70 Sqm each (exclusive of basement, carport or garage).

Total section is 780sqm , existing dwelling is 185sqm. I want to build a 60 sqm minor dwelling without breaching the covenant please guide me.

[Bobsyouruncle]

Based on the above you can't, end of story. Talk to a lawyer but it's pretty clear. Whether the covenant is enforceable is another matter entirely.

[fisherking]

Thanks Bobs,
Is it possible to build minor dwelling attach with exisiting house with 71 sqm?

[Bobsyouruncle]

Possibly yes, but you need to see if council will allow it. Depends on position of existing house, site coverage, utility connections etc.