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I am in a top floor unit and would like to create attic storage accessible via a drop down ladder (non habitable).
A couple of questions….
Does this require a special resolution at an AGM, EGM or either? Would I be asking for exclusive use of the roof space, or for it to be put on title?
Do I need to purchase the space, or offer a reasonable monetary sum for the space?
Must the motion submitted to the meeting be put forward in the form of a by law covering all aspects of the space used, future maintenance, etc, or could it be more general? Any hints / tips on how the motion should be worded? I understand if a special resolution by law is voted on and passed it must then be lodged at the land titles office.
I am in Randwick Council, would this be considered an exempt /complying development as it is non habitable space?
Any advice would be greatly appreciated,especially from those who have been down this track before.
Thank you.
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To do that you would be asking the OC to give you exclusive use of the roof space which I assume is common property. Exclusive use is the simplest way of doing it, as putting it on title is much more complex and expensive. So:
– approval of giving you exclusive use of the roof space would require a special resolution by the owners at a GM.
– the usual and right way of doing that is to calculate the value of that space, minus the costs that you may incur in turning it into a usable space. You then pay the OC that amount. To do that you need a valuer, and you would pay those costs.
– you would need a special by-law to set out your exclusive use rights and responsibilities going forward. It is best to get a lawyer to draft that so it is clear.
– the issue re a DA is one for the Council and you should ask them. Just because an area is non-habitable does not mean you don’t need a DA.
I’m assuming your building has a pitched roof and you’re talking about attic storage within all/part of the roof void.
You will also need to consider fire regulations.
If the top floor has multiple units, then the ceiling is usually fire-rated in some way, to prevent fire spreading from one unit to another, and you’re cutting a big hole in it.
Your attic, apart from having a floor so that you don’t put your foot through it, might have to have four walls and a new ceiling which are all fire-rated to the same standard as your present ceiling, just in case you have a fire in your unit whilst the ladder is down.
Bythesea, a first check should be the plan for the strata. This should outline any special conditions re the roof. I have heard of the roof cavity being show in the strata plan as the exclusive use property of the top units.