- This topic has 1 reply, 2 voices, and was last updated 12 years ago by .
-
Topic
-
Can anyone give me advice? I have just received letter from council notifying me that the owner of the penthouse which occupies the floor space directly above me, has requested a ‘change of use to serviced apartment’ for his property. Our building is purely residential, and when I bought in the building only 3 months ago, I was told that there was a restriction of a minimum of 12 week rental for any of the apartments. I took this to mean that there would be no short term rentals in the building so no party flats! This was a large part of the appeal of purchasing in this building. Interestingly, the owner of the penthouse is a developer who is currently developing the site adjacent to our building- a development which will effectively obliterate many of our building’s residents views, except his, as the new development is 1 storey less than his penthouse-what a coincidence! I only have 10 more days to submit my objection so hoping for some quick help – can I object on legal grounds? What are the planning laws on ‘change of use to serviced apartments’?
-
Replies
-
What does it say in your by-laws about rentals? If it’s in the by-laws they can’t have it whatever the council says. Next look at your zoning. Is the building zoned permanent residential only in the DA? Finally, you need to get the Owners Corporation or Executive Committee to object strongly to this application. If they say no, most councils will decline permission.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.