NB:  This topic was originally posted as “Old Buildings, New Regs” (below) before being selected as a Flat Chat topic.

QUESTION: Our strata building is approximately 40 years  and it has wooden balcony balustrades that don't comply with modern-day building codes.

We would like to know what the law permits in the cases where the building has structural elements from the era it was constructed but that no longer apply.  Are we covered by our insurance company for public liability if there was an accident from these types of balconies?

What is the extent of today's owner's corporate in liability?   What is the extent of our responsibility in this scenario? How far can contemporary regulations apply to old buildings?

ANSWER:  Lots of questions but there are two main issues here: whether or not the balustrades comply and whether or not they are safe.

Firstly, the Owners Corporation has a legal responsibility to maintain the building. As EC members you can't knowingly ignore safety issues.  If you are aware of the dangerous condition of common property but choose not to fix it, you run the risk of personal liability in the event of an accident.

However, if a surveyor or structural engineer inspects the balustrades and tells you they are safe, then you're probably OK.  However, if you were having substantial work done on the building then you would be expected to bring them up to scratch to comply with current building standards.

According to the specialist website https://www.buildingregulations.com.au, Building Control Legislation is retrospective in the case of a change of use, a major upgrade where more than 50% of the building has been altered, and if a building is divided into two or more parts.

There are  also requirements that apply to swimming pools and  'higher risk' buildings  like residential care and shared accommodation. The one area where councils will expect you to bring the building up to scratch is fire safety ordnances.

So if the balustrades are your only problem, you're doing OK.  But even if they are safe, it might be wise to strat putting money aside to bring them up to scratch some time soon.

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