#13801
Jimmy-T
Keymaster

    PK said:

    My thoughts in passing …….. – it would seem to me that, in principle, the owner can do it as long as he doesn’t affect the common property.

    What about affecting other owners? The Act is sufficiently vague on this to make it a potentially serious issue for the renovator.

    117   Owners, occupiers and other persons not to create nuisance

    (1)  An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not:

    (a)  use or enjoy the lot, or permit the lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not) …

    Also, there may be clearer restrictions in the specific by-laws of this building. And – to get back to PK's original point – I can't see how common property wouldn't be affected in some way (and there's a section on that in the Act too).

    PK also said …

    …why do you think that it makes a difference if his room is a kitchen and not the original bedroom?  (and if he is moving his kitchen to a location that is ‘surrounded’ by existing bedrooms of  other units, then conversely is he moving HIS bedroom to a location that will be ‘surrounded’ by the kitchens of those other units?)

    Firstly, the kitchen floor will almost certainly be tiled – and hard floors never achieve the acoustic insulation of carpet over quality underlay so if the slab isn’t great and they skimp on insulation, there could be problems.

    Secondly, it’s the renovator’s choice to sleep under or near someone’s kitchen. His neighbours might prefer not to be woken every morning by the sound of them clattering around upstairs making their breakfast.  This also applies to the proper sound insulation of water pipes – a frequently forgotten area of noise irritation.

    If it’s a quality build, then there should be no problem but the EC should be able to check that it will be done properly beforehand, rather than find once it’s in, they are faced with the mutual misery of forcing the owner to rip it out and start again.

    My first call would be to the local council asking them if they have any feelings on the matter.  There is a debate on this elsewhere on the Forum but I know some councils would be saying they wanted a look at the plans, regardless of what the EC felt.

    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.