[Waldorf]

jag said:

Hi how did you go with this issue ? I’m about to face a similar thing . My nieghbour want to relocate kitchen next to my main bedrom . I am the only one affected in this case re noise . We are about to go to a meeting . he has only supplied crude drawings and plansto fix drainage to common laundry. I think I have other owners support . Council application is required .

One owner feels why not if not affecting them??

Do I go to cttt if its passed by oc?

 

Thanks

There's more to this renovation than perhaps the owner realises. The OC has a responsibility to seek legal advice to get this process right. To do internal work of this nature, common property will be affected. Your neighbour will need a complete set of plans drawn up by a professional – not hand drawn sketch.

Remember the internal surfaces of floors, ceilings and external + common walls are common property.  Before these can be touched, the OC needs to see a lot of paperwork from the unit owner. Plans will need to show all work to be undertaken ie. relocation of plumbing, electrical, water etc. – how and where the services will be relocated; how waste water will be pumped away; any false ceilings/walls etc. including proposed soundproofing (acoustic rated plasterboard + insulating batts for sound, acoustic material for floor etc), proof of insurance cover from the builder and all contractors.  It's a long list. 

My advice to the OC is to seek advice from a strata lawyer like we did.  That way, everything is done correctly.  The OC will need to pass an Exclusive Use By-Law attributing responsibility for future damage the renovations might cause to the unit owner.The local council will need to see all the above prior to approving a DA for the renovation.

Hope it works out.

[Waldorf]

Thank you for your input Jimmy.  I have spoken with the local council building inspector who originally said that the kitchen relocation requires DA.  He apparently inspected the property today, however I haven't spoken with him since.

The problem is that no-one has seen any plans to know what work has been done and how it has been done because there aren't any!

This afternoon I personally met with and spoke separately to the SM, then the builder then the owner, none of whom can understand why OC approval was necessary prior to starting the work. The owner said that putting water pipes in the ceiling and wall to a new area was not relocating the plumbing because it was being pumped back to the original riser – no new drain was involved.  And she was within her rights to do this without consulting the OC.  Would this be correct?

There is no doubt common property has been interfered with in this job.  The owner's argument is that other renovations have been done without OC approval in this 40+ yo building and that they should be able to do the same. I tried to explain that reconfiguring the unit is a major renovation and needs to be handled differently. The SM, the builder and the owner refuse to believe any approval is needed.

It appears to be a deceptive move – get 'approval' to remove the wall then quietly slip the infrastructure in place to relocate the kitchen before anyone realises.

How do I get help with this situation?

[Waldorf]

I have learned that the builder has constructed a free-standing stud wall 25mm away from the common dividing wall, so it's supposedly not touching common property as far as the wall is concerned. This apparently has been filled with 50mm Sonobats.  The common property on the ceiling, however, has been interfered with.

The owner seemingly has deleted a bedroom.  The original kitchen area would probably be too small to turn into a bedroom as the BCA requires a minimum 7.5m2. This is a 42 year old building with rendered masonry walls between units and concrete slabs for floors and vermiculite ceilings.

The reason there is a problem locating a kitchen adjoining a main bedroom is that these are holiday units.  Hard surfaces in a kitchen create significant noise ie. benchtops, clattering of cutlery and crockery, pots and pans, walking on tiled floors and dragging chairs across floors. There will be a sanivite grey-water pump installed as well as a dishwasher – extra noise. The builder, when relocating the services, has not mentioned lagging pipes – another source of noise.  As this kitchen will be part of the main living area, people will be talking, drinking etc into the night hours while people in units next door, above and below, want to sleep.  Would you like this happening while you're on holidays wanting to rest?

The local council does require a DA for this kitchen relocation prior to work commencing, including full plans and acoustic details.  Much of this work has been completed without a DA and with no inspections to verify the quality and compliance of the work.

*  What about liability issues for the OC? The SM has not given the OC correct advice regarding removal of the load-bearing wall. Required procedures to indemnify the OC have not been followed.

*  Who takes responsibility for future consequences and maintenance issuses that these renovations may cause – the OC or unit owner?

How should the above two issues be addressed?

[Author]

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