Yes. There are several ways a buyer can purchase a separate pavilion in part of a ‘house’. Typically, these options are purchasing a ‘shareholding’ in a company, unit trust, tenancy in common, or via leases and/or licences over parts of a ‘house’. These options vary from state to state in Australia. It is best to consult with your lawyer or accountant as to the purchase option which is best for you.
Theoretically, yes. Typically, the options to purchase a pavilion in part of a ‘house’ are to buy a ‘shareholding’ in a company, unit trust, tenancy in common, or via leases and/or licences. Whether you will get finance for any of these options will depend on your ability to pay the mortgage, and notably your bank or financiers’ familiarity and willingness to lend on any of these purchase options.
Typically, the options to purchase a pavilion in part of a ‘house’ in Queensland are to buy a ‘shareholding’ in a company, unit trust, tenancy in common, or via leases and/or licences. However, most Queensland banks/financiers 1) are not familiar with company title, 2) typically use unit trusts for investment purposes rather than to facilitate home ownership, and 3) will look at the whole debt on the property as liability and not just one’s share of it in a tenancy in common.
A lease over a building (‘pavilion’) – usually not land – can be registered on the title to a property in Queensland. A lease runs with the land, regardless of any change in the property’s ownership. Financing and purchasing a lease holding over a property or part of a property is typical in Queensland. Buying a registered lease over a ‘pavilion’ (and licence over surrounding land, if required) is the option most likely to be favourably considered by banks and financiers in Queensland.
No. Whilst a THOW remains supported on wheels it is considered a ‘caravan’. In addition, most THOWs do not – and cannot be made to – comply with the relevant building and planning regulations in play throughout Australia, and particularly in Queensland. A pavilion which is or intended to be built as part of a ‘house’ may be prefabricated and movable, but it must be technically, lawfully, ‘habitable’, energy-efficient, and accessible. Most importantly the pavilion must be structurally engineered and be able to be appropriately physically/structurally fixed/founded in place.
Yes. For example, a separate ‘bedroom-living’ pavilion or more can usually be rented out on a short-, medium-, or long-term basis. A small ‘bedroom-living’ pavilion (with private bathroom and kitchenette) can be a perfect BnB (a ‘home based business’ in Queensland planning parlance) or be an option for singles and couples even wanting to ‘rent-to-buy’ their first home.
However, there is a ‘grey area’ in planning regulations/definitions in Queensland if the pavilionHOUSE is owned by an investor and all the pavilions are rented. Arguably this type of use may be defined other than a ‘dwelling house’ and/or ‘secondary dwelling’; by definition, a pavilionHOUSE is either only a ‘dwelling house’ or ‘secondary dwelling’ in Queensland. Other local/state governments in Australia may have different ways of defining a pavilionHOUSE.
Yes. Typically, the options to own a pavilion in part of a ‘house’ in Queensland are to own a ‘shareholding’ in a company, unit trust, tenancy in common, or via leases and/or licences. Each of these types of ‘shareholdings’ is ‘isolated’ with security in ownership of the shareholding meaning that it can typically be readily, independently traded or bequeathed.
Typically, no. The regulations for subdivision of land, buildings, and air space in force in Queensland make it difficult, if not impossible to ‘subdivide’ separate pavilion/s onto their own separate title/s. A shareholding in a company-owned, unit trust -owned, and tenants-in-common -owned property, and a lease over a building (only) which is part of a pavilionHOUSE, are not considered ‘subdivisions’ in Queensland, and are therefore the preferred options for having security in tenure in a pavilion – or more – in a pavilionHOUSE.
Yes, depending on who is building and/or selling the pavilion/s or pavilion sites. The beauty of the pavilionHOUSE is that each pavilion may be customised to suit the dreams, desires, or demands of its residents. Some builders and/or households may choose to implement/enforce strict guidelines or rules around the design of the pavilions in a pavilionHOUSE. Most builders and/or households are more likely to see the sense in moderation and allow a variety of sizes and styles, albeit within the bounds of the relevant building and planning regulations in play.
Owning one’s own home is an enduring Australian dream. Historically, particularly in early post-colonial occupation of Australia, the freestanding one- and two-room ‘cottage’ on its own ‘selection’ or ‘section’ was the norm, even if a temporary home for 6-7 people in anticipation of the larger house which was often never built. Australia is now notorious for building the largest (fattest) new houses in the world. Arguably there are enough bedrooms to house everyone in the country. The pavilionHOUSE is a reaction to this trend, to literally ‘explode’ and ‘expand’ the prevailing paradigm that a house can only be one building.
Recent changes to the National Construction Code (Building Code of Australia) confirm that a Class 1 building can comprise one or more separate detached buildings. Recent changes to the definition of ‘household’ in the Queensland Planning Regulation 2017 have removed any potentially discriminatory conditions as to who and how residents can live in a ‘dwelling house’ in Queensland. The primary paradigm shift needs to come in banks and the finance sector; to develop finance ‘products’ for (particularly first) homebuyers to be able to purchase a shareholding in a separate pavilion which is part of a ‘house’. And we all know how innovative regulators and lenders can be!
