#28895
Lady Penelope
Strataguru

    Yes. You are correct in your assessment of Q1. Balustrade heights are only applicable for decks or balconies that are one metre or higher above the ground. Balustrades need to be at least one metre high.

    A ground level “balustrade” is more likely to be classified as a “dividing fence” or a “barrier” rather than a “balustrade”.

    According to the Office of Fair Trading the definition of a balustrade is: “A protective barrier to prevent accidental falls is usually comprised of handrails, infill and posts that support it. A balustrade may be made from many materials including timber, metal, glass etc.”

    A ground level Lot has different safety requirements than an upper level Lot.

    The OC has a statutory obligation for the repair and maintenance of common property and that includes adding features to the common property that were not originally included, such as safety features.

    In answer to Q2 the walls etc surrounding your Lot are common property therefore technically the OC can install the glass panels. However, although the OC “can” install the glass panels the question that you could ask the OC is: “Is there sufficient justification for the OC to install them at your particular Lot?” 

    The OC has an obligation to make reasonable decisions. Did the OC give any reasons for rejecting your idea of not installing the glass?

    Glass is barely visible. Therefore whether the glass is installed or not is unlikely to impact on the “appearance” of the building. If the “appearance” of the building is a basis for the OC’s rejection of your idea then that is an argument that the OC may not win.

    If the intention of the OC’s installation of the glass panels is to enhance child safety then the installation of the glass panels at your Lot is unlikely to do this as your ground level “balustrade” does not currently present a child safety hazard.

    The non installation of the glass panels will save the OC money. The OC has an obligation to be prudent with OC expenses.

    The non installation of the glass panels will facilitate an easier access for you to maintain the garden beds. 

    The glass is likely to reduce breezes to your ground level Lot. 

    In my opinion, given the reasons above, the installation of glass panels at your Lot are unjustified.

    Perhaps you may need to seek Mediation between yourself and the OC about this issue.