› Flat Chat Strata Forum › Talkin’ ’bout a renovation › Refused permisson to build a balcony despite neighbour having done it › Current Page
The OC has to have a reason to refuse you building a balcony. So, taking into account that your neighbour has a balcony, and the OC is fine with them rebuilding it, then you have to ask why they would refuse you permission to do the same.
In the absence of a specific consideration that distinguishes your side of the building to your neighbours, e.g. that you building a balcony would compromise the structural integrity of the building/common property, then I would say you would have a very good chance of challenging any refusal. This is taking into account that you can’t rely on NCAT to be sensible.
Perhaps you could raise it again with your neighbours and ask them why they would refuse you permission.
In terms of the bottom apartments having the benefit of twice as much land, you need to look at the value of the lot as a whole, which can determine unit entitlements. The upper level apartments may have other benefits such as views which would contribute to their value. That said, if there has been exclusive use allowed to specific apartments, the increase in value of those apartments should have been taken into account at the time, with a view to whether the unit entitlements should be changed.