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Hoping that I can get some advice on how to resolve the alterations to our common property. Have discovered that two owners have cut holes in the floor boards and have constructed in the foundations of the building, 2 store rooms with out approval.
Both owners are now seeking a special resolution to use this space, however very little information is available on common property under the building. They have built cellars/store rooms underneath their unit, by removing soil and constructing walls to enclose the area.
Does any one know what the building code/regulation is for NSW for the construction of an under ground cellar or store room on common property in a unit complex.
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I’d be guessing the process should be similar to that when attic conversions etc take place, described elsewhere on these forums.
The owners are appropriating common property and normally you’d be required to purchase, lease (via exclusive use clauses) if you’re using land/airspace owned by the OC. Although you might want to check your plan of subdivision to be sure that the space below floor level is definitely OC (it usually is, but some aren’t: lot extends ‘infinitely’…)
I’d also put the onus on the owners to provide the OC with relevant permits and surveyor signoffs that the work is to code, and no subsidence or other damage to the building is likely as a result of the works before even thinking about purchase/lease of the space.
Just when I think I have read everything …
These works are not only in breach of by-laws but are probably breaches of council planning regulations. They may also be a threat to the structure of the buildings as a whole.
Working backwards, if they want to keep their cellars, you want your neighbours to
a) guarantee the safety of the work
b) get council approval for the work
c) accept ongoing legal responsibility for the cellars and the floors, via a specially drafted by-law
d) compensate other owners for the value of the common property they have grabbed
e) compensate the owners corp for all fees and charges related to putting this right, including drafting of by-laws, building engineering checks and legal fees.
Failing any of the above, you need to get NCAT orders requiring them to reinstate the floor and underfloor area to their previous condition.
By the way, this is not a choice for the Owners Corp: you have a legal duty to look after common property and that means sorting this mess out. You don’t need to find out what the building code is – they do.
I would get very heavy, very early on this.
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Something similar in my old complex of townhouses. The construction meant that the garages and entrance ways were on one level, and the living areas were half a level up and behind. So behind the garages/entrance ways was the foundations for the living areas, sitting on mostly rock and a drainage line that ran the length of the complex. Owners thought they could do what they wanted – concrete, dig out, storage area with build in shelving, wine cellars, boat storage, teenagers retreat!!! Some even advertised this area when put on the market. But, of course, they all wanted the OC to pay when something went wrong with the area – foundations moved, water build up, mould.
I did try to point out that this was wrong. But, as usual, I was ignored – because they all had stars in their eyes thinking of the extra space they could have for nothing!
Struggler,
It’s a pity the owners could not get their act together and decide together to all benefit in the same way, modifying the area safely, each space correctly allocated to each lot.