#13808

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?