- This topic has 7 replies, 7 voices, and was last updated 4 years ago by .
-
Topic
-
Hello! I went through the process of getting an engineers report in regards to taking out an internal wall – It’s on the ground floor of a 1970’s block with one floor above so all walls are double brick. With engineers report in hand, I found a builder who took the wall out advising no building permit was required. Wall was removed, lentil beam installed and building surveyor signed off the work. Cost of work was under $5,000 and property located in Victoria. Body corporate are advising I needed their approval and now want a review of the work conducted by another engineer firm. As i went off the advice of the trades I engaged with, who’s correct? Would a builder risk his reputation knowing he wasn’t legally allowed to conduct the work? Am I obliged to comply with allowing a third party to review the work?
-
Replies
-
Wall was removed, lentil beam installed and building surveyor signed off the work
Which means the wall was structural which then makes it, by law, Owners Corporation common property. You really had no right to touch it without the OC’s permission.
Am I obliged to comply with allowing a third party to review the work?
Considering you had no right to alter property that is not actually yours, you had better seek the OC’s retrospective approval. I’d be agreeing if I was you. The OC could otherwise make you restore it.
I’m just wondering about the structural integrity of lentils. But seriously, Austman is right. Get a by-law drawn up whereby you take responsibility for any maintenance and repairs required as a result of your renovations.
And, on a wider point, anyone who accepts a builder’s opinion on the strata law requirements for work is asking for trouble.
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.
We removed an internal wall in a 70s block. OC rules said any structural work required prior oc approval so we submitted engineering drawings and got oc approval. Do your rules say you need oc approval for structural changes?
Lintel. Lentils are beans.
Would not a Certificate from the original engineer satisfy to OC?
Would a builder risk his reputation knowing he wasn’t legally allowed to conduct the work?
There are buildings falling down all over the country where a builder and/or surveyor has said it’s ok.
Until it is independently proven it’s safe and will last for the expected life of the building then you’re on the hook.
Too many builders and surveyors don’t care about their reputation, only the dollars.
If I was living above you I would definitely insist that you and any subsequent owners assumed full liability for any future repairs caused by the removal of the load bearing wall. This must be documented by a by-law.
Lintel. Lentils are beans.
Pulses, to be accurate.
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.