› Forums › Common Property › CP and the Strata Committee › Private property not private? › Current Page
Sorry about rambling put the point still seems lost
Common property that is open for public access does not have to comply with current safety standards, only as built, if registered as a domestic dwelling, with no changes to construction or usage, the question was who then is responsible for safety.
With the current news about schoolies on the roofs in the gold coast dangling over the edge and taking pictures.
Must have been approved when built or a building approval would not have been given.
Not morally but legally who then is responsible for safety.
I thought I knew but was looking for independent advice.
Owners Corporation
Sometimes it is not sufficient to read all the relevant law but also Judges view.
Is this the answer?
NSW Court (Tobias JA’s) judgment is significant; he held that just because the property complied with building standards at the time the building was built, and even though the new standards did not apply retrospectively, an owners corporation could still be in breach of s 62 for failing to update the common property.
The alternative would be it is ok for the public to access but a trades person cannot access under NSW WorkCover?
Unless proven the Owners Corporation will not justify the cost of enhancing the common property by either preventing access or increasing railing height, any warning sign will only be admitting to knowledge about the unsafe condition.
From memory railing height for free fall of more than 2m:
Current as built 88cm measured
WorkCover 90cm
Current NSW requirement 100cm
Children’s hospital recommended 120cm (Seems no longer stated in new info)