› Flat Chat Strata Forum › Common Property › Converting a dumb-waiter to a lift › Current Page
Challenging question:
If an existing lift shaft is used and accessed by only one of the lot owners in a small block (there being no bylaw governing its exclusive use), can changes to the internal apparatus within the shaft be completed without Owners’ Corporation permission? For example, upgrade from dumb waiter into a lift, which would include removal of all internal appliances and equipment, and a completely new installation.
Changes could include:
(a) drilling into the walls of the shaft
(b) drilling into the concrete slabs from within the shaft – which is actually the ceiling of other apartments.
(c) opening up small access points to create doors to step into the new lift above and below other apartments.
If indeed ‘ownership’ of the air space within the shaft could be by default (as is claimed by the lot owner in question), could the slabs that are visible and accessible from within the lift shaft be common property? Or could they be in fact ‘owned’ by that one lot owner, and therefore drilled into without prior approval being sought by the Owners’ Corporation?
Other owners don’t need to have access to a lift as all other apartments are on street level.