A retired couple have been ordered to demolish a 25-year-old grandmother’s flat in a six-figure dispute

Australia’s property market is known for its high prices, but for one retired couple, a decades-long renovation decision has turned into a six-person dispute with their local council, threatening their home.

Chai and Emmy Teoh, both in their 70s, are faced with a difficult situation that will see them forced to demolish their grandmother’s flat built over the lake behind their house 25 years ago.

Whitehorse City Council is seeking compliance, a move the couple say could cost more than $101,000 in fines and demolition costs, potentially forcing them to sell the property they’ve called home for decades.

The Teohs, residents of Melbourne’s east, turned their disused backyard pool into storage and built a granny flat on top after their children grew up.

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Although they admit that permits should have been sought at the time, they are now asking for a waiver, citing their age and the fact that the building has been built for a long time without incident.

“This … has a very negative impact on my family,” Emmy Teoh told A Current Affair, highlighting the huge stress and financial burden.

Permissions had to be sought at the time, something that tripped up the couple decades later. Source: Current Affairs

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Their grown-up son, Joseph, 41, has spoken out, accusing the council of “harassment tactics” and revealing the damage it has caused to his father’s life.

“What they (the council) have asked for is the demolition of these two buildings, the complete demolition of the dam that was there when my parents bought this place in the early 90s,” he also told this broadcaster.

Chai agreed. “Let’s live our lives … I’m going to be 80 years old next year, and I don’t know why they’re pursuing all this,” he said.

The council, however, remains firm on compliance with building and safety regulations.

A Whitehorse City Council spokesperson said they have been working with property owners for more than five years to find a “fair and reasonable solution” to the illegal building issue.

Grandma’s apartment was built above the lake back in the 90s. Source: Current Affairs

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The lake has been used as a storage facility for decades. Source: Current Affairs

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“Safety is of the utmost importance to us, and the aim is to achieve building compliance, ensuring that the property remains safe for the current owners and any future owners,” the spokesperson said.

They emphasized that permits are a legal requirement designed to protect residents and buildings from structural and environmental hazards.

As it stands, the council has given the Teohs two options: either engage an independent building inspector to verify the existing structures and obtain a retrospective building permit, or proceed with the complete removal of both the granny flat and the covered pool.

They say they have offered “multiple opportunities” and “seven extensions or breaks” from 2022 for couples to find compliance.

However, the Teohs argue that they simply do not have the financial means to cover the inspector’s costs, let alone the potential demolition debt.

The prospect of $100,000 in expenses is a significant contribution to their retirement security, suggesting that a forced sale of their beloved home is indeed possible.