Two Melbourne pensioners may be forced to demolish their decades-old granny flat built over their backyard pool, as their renovation decision has led to a six-figure dispute with their local council.

25 years ago Chai and Emmy Teoh, both in their 70s, built a granny flat over their backyard pool, turning it into a dry storage room.

Now, they are facing $101,755 in potential fines and demolition costs as Whitehorse City Council demands the couple to obtain a building permit or remove the building and pool – a move the couple cannot afford.

While the couple admit they should have requested permits at the time, they are now asking for leniency, citing their age and the fact the structure has stood for years without any issues.

They also argue the council is retrospectively enforcing current regulations on a structure that has existed for decades.

“This is… taking a very bad toll on my household,” Emmy Teoh told A Current Affair.

Joseph, the couple’s 41-year-old son, described the legal battle as a “bullying tactic” that is affecting his father’s already deteriorating health.

“What they’ve (council) requested is complete demolition of the two structures, complete demolition of the pool that existed when my parents bought the property in the early 90s,” Joseph said.

A spokesperson for the council told A Current Affair that they have been working with the couple for over five years to find a “fair and reasonable solution” for the “illegal building matter.”

“Safety is our top priority, and the goal is to achieve building compliance ensuring the property remains safe for the current and any future owners,” the spokesperson said.

“Permits are a legal requirement for works on private and public land and are designed to keep residents and properties safe from structural and environmental hazards.”

They claim to have provided “multiple opportunities” and “seven extensions or pauses” since 2022 for the couple to comply.

However the couple maintain that they do not have the funds to cover the surveyor’s costs, let alone the potential demolition bill, and may have to sell their family home.

Images: A Current Affair