- This topic has 3 replies, 3 voices, and was last updated 10 years, 6 months ago by .
-
Topic
-
Hello
could you kindly advice me, if the OC is obliged to change the hight of the balcony balustrade, because one of the owners is saying that the hight doesn’t comply with the building code.
All balconies in the building are 900mm and he is asking the OC should change his balcony hight to the standard of 1000mm. Part of the balcony has glass and he is also complaining that despite it is toughened glass, it has only 5mm instead of 6mm thickness.
He is saying, in case something happens the OC will be responsible, because we knew that it doesn’t comply with the building standard.
5 years ago, when we did some waterproofing on some of the balconies, we were advised that despite it doesn’t comply with the present standard, we are not obliged to rise the hight of the balustrades.
Could you please advise, if for an unexpected reason anything should happen, will the OC be responsible? Also OH&S report done 2009, stated that the balconies are fine, only the hight is not up to the current standard. The report also stated, no action needs to be taken.
This particular owner is saying, he is worried about the hight And therefore worried about the safety. Our suspicion is, he is going to sell and would like increase the value of his unit.
Please advise.
-
Replies
-
Hi Alinka,
There are two issues for the OC to consider here:
1. What was the building code when the balustrade was constructed (probably when the building was constructed)?
2. Has there been any “rectification or renovation” work done that has affected the balustrades and what where the building codes at the date the “rectification or renovation” work was done?
In my opinion, the strata needs to ensure that the balustrade on the buildings they manage met the relevant building codes at the time of their construction.
However, when a balustrade has rectification or renovation work done to it, such an act triggers the need to comply with the Building Code current at that time.
So as long as there have been no “rectification or renovation ” the OC is probably ok legally. But in terms of just common sense and wanting to prevent accidents it is probably something the OC should look at asap. Some of the older balustrades are hazards even if they do comply with the requirements.
There are a lot of court cases and information on this and I am sure if you do a relevant google search it will show them.
I reread my post and realised I didn’t directly answer the question, ie
is “the OC is obliged to change the hight of the balcony balustrade, because one of the owners is saying that the hight doesn’t comply with the building code”?
Answer: no as long as the balustrade met the relevant building codes when the balustrade was constructed. The exception being if there has been ‘rectification or repair’ work done on them in which case the balustrade would have to meet the codes current at that time.
It sounds like the advice you got 5 years ago and the 2009 OHS report (depending upon who they were from) would indicate that the relevant codes were met.
Cosmo is right but gives only half the answer
Quick answer
Options fix the railing to comply with current minimum or lock the balcony door
My Answer
You need to address the real issues (for a building registered as domestic use only)
- Is the building approved
- Any change to usage or structure may invalidate the current building certificate that was issued when built
- Legal liability
- If you provide an known unsafe environment for visitors are you legally responsible
- Work Cover does not care about anything other than its requirements and will fine you for having workers in an unsafe area
Most reputable contractors know and will not carry out work (including accessing the area) that affects the building but it is common that balconies gets tiled and that change is sufficient to be classified as a change to railing height and no longer approved as built.
In summary approved as built but not meeting current standard
- If you fall over it is only your fault as an owner
- If anyone (visitors, renters?) falls over you are legally liable for providing a known unsafe place
- No one has to fall over but Work Cover will fine you if the area is accessed by a worker
As the balcony railing is common property I assume the fines would go direct to the Owners Corporation?
- Is the building approved
- You must be logged in to reply to this topic.