Reply To: Does a By-law need to comply with Building Code (BCA)

Hi Jimmy, The building does not have a common property bathroom facility for workers, owners etc. The by-law is meant to cover Building Code Australia (BCA F2.1) compliance for employees, workers etc. hence why everyone should have access! The Lot is a commercial lot and the bathroom is not accessible unless they access the locked sole occupancy unit, walk through it to gain access to the bathroom.

This sounds ridiculous, after hours anyone could access the lot and go through the commercial tenants items or interrupt the tenant during business hours (they would have keys so don’t even need to ask or knock).

If this is lawful… does this mean OC’s can just pass a by-law and access any private lot they want?

Hello FlameTree, The OC’s insurance company stated that they do not cover the private lot (as they walk through to gain access to the bathroom) and the bathroom would be grey on who is responsible. This is from my discussions and would need to get a lawyer to confirm.