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  • #10425 Reply | Quote
    taps
    Flatchatter

      Good afternoon,

      Recently one of the townhouses in our complex was sold and the new owners have had a building inspection done which has turned up a few issues.  these townhouses are in NSW and pre-1974 (actually built in 1971)

      The building inspector looked in the roof cavity under the tiled roof at the electrical wiring and apparently the wiring is not to code (now) There is wiring laying across the ceiling joists.  This could have been done by a previous owner or it’s original we don’t know.  

      And if this is original wiring this would be the case in all the residences.  

      The new owners are asking if this is a strata issue or they being the owners have to remedy?  (we are asking the same question).  

      They have no ceiling insulation in their roof cavity and these roof cavities are blocked off as separate to each of the ones next to it.  We know that the floor space under the lower levels (ie: ground level) is part of the lot and therefore should the plumbing / sewer or foundations deteriorate its up to the owners to fix as it’s in their lot.  but is the roof cavity under the same rule that is part of the lot?

      any help would be appreciated.

      thank you

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #24837 Reply
      Sir Humphrey
      Flatchatter

        Usually, there is no obligation to upgrade anything to current building standards if maintenance or repair is not needed. IE if something still meets the standard that it met when installed you don’t need to do anything. If you were to do new work, the new work would have to meet current standards.

        Eg. When our mid-70s townhouses were built the balcony railings met the standard of the time. Now, when a unit is rebuilding a balcony due to rotten timbers, they have to meet the current standard which includes a higher railing. 

        Similarly, our original windows had 3mm glass. There is no obligation to change it but if you break a window that window’s glass must be replaced with thicker or laminated glass that meets the current standard. 

        If you have no roof insulation, then you would be crazy not to install some. Insulation standards might drive rewiring to current standards if the insulation would have to go over any of the wiring. 

        I don’t know which bits are OC responsibility and which are lot responsibilities. I could answer for the ACT on that but will leave that question to someone else. 

        #24841 Reply
        taps
        Flatchatter
        Chat-starter

          Thank you PeterC.

          i should have added that the wiring in the ceiling only services that townhouse. I looked at LPI for pre-1974 as we are 1971 building and the wording is somewhat confusing but it says something along the lines of 

          if the wiring only services that lot then it’s the owners responsibility – and i have something in my head from years ago that this is still the case for this lot. Albeit this wiring is in the ceiling / roof cavity.   

          I do see your point PeterC that if it was ‘code’ then and doesn’t need upgrading – but i think that the building inspector who did the report was being cautious and when it comes to what is standard now to what was there is always changes.  

          If anyone has some input or can point me in the right direction for the rules?  much appreciated.  

          #24846 Reply
          Sir Humphrey
          Flatchatter

            @taps said:
            Thank you PeterC.

            i should have added that the wiring in the ceiling only services that townhouse. I looked at LPI for pre-1974 as we are 1971 building and the wording is somewhat confusing but it says something along the lines of 
            if the wiring only services that lot then it’s the owners responsibility – and i have something in my head from years ago that this is still the case for this lot. Albeit this wiring is in the ceiling / roof cavity.   

            I can’t speak for non-ACT, but that accords with my expectation. Here, utility connections that only service one unit are the unit owner’s responsibility to maintain. 

            I do see your point PeterC that if it was ‘code’ then and doesn’t need upgrading – but i think that the building inspector who did the report was being cautious and when it comes to what is standard now to what was there is always changes.  

            If anyone has some input or can point me in the right direction for the rules?  much appreciated.  

            It might well be that the building inspector was making an entirely reasonable recommendation that it would be a good idea to bring old wiring up to current standard. If anything suggested that the old wiring needed maintenance work, then the maintenance would have to meet the current standards anyway. 

            Adding insulation might well require a wiring upgrade anyway. 

            #24848 Reply
            Sir Humphrey
            Flatchatter

              PS. if the wiring does need maintaining or repair and it is a lot owner’s responsibility, the OC might be able to require the lot owner to bring it up to scratch. OC rules (AKA by-laws) often state that a unit/lot owner must repair and maintain the lot in good condition. 

              I would suggest that if all the lots or a subset of lots all need the same work, then it might be in everyone’s interest for the EC to tell everyone that you are looking into the matter, that it appears to be a lot owner responsibility, that owners will be required to do the work if advised that it is necessary maintenance, that the EC will obtain quotes to do all the work at once so that there will be an economy of scale to save each lot owner some money, while ensuring a safety upgrade is uniformly applied for the whole building. I would check what your legislation says about the OC providing services to lot owners. In the ACT there is a section of the Act about the OC agreeing to provide services and then billing for it. 

              #24852 Reply
              Whale
              Flatchatter

                back in post #2 PeterC said….”usually, there is no obligation to upgrade anything to current building standards if maintenance or repair is not needed. IE if something still meets the standard that it met when installed you don’t need to do anything. If you were to do new work, the new work would have to meet current standards.”

                Peter’s correct, and even though the original electrical wiring is in the common property (ceiling) and is therefore the responsibility of the Owners Corporation (O/C), it doesn’t need to be compliant with current Building Codes provided it doesn’t present a hazard in its as-built form.

                Of course the new owners of the lot may at their discretion seek the O/C’s consent to themselves alter any wiring for which it (the O/C) would otherwise be responsible, including within a roof-void or a common (perimeter) wall, where such consent would be routinely granted provided the lot owners engage properly licensed and insured tradespeople, and agree in writing to accept responsibility for the on-going maintenance and repair of all altered / renewed sections.

                If I’m any judge, the new owners won’t be so keen to achieve compliance with current Building Codes if they have to pay for that!

                #24871 Reply
                taps
                Flatchatter
                Chat-starter

                  thank you Whale and PeterC – your comments and help is very much appreciated 🙂 

                Viewing 6 replies - 1 through 6 (of 6 total)
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