Flat Chat Strata Forum Living in strata Current Page

  • Creator
    Topic
  • #8493

    hi

    we have just moved into our new apartment 3 months ago.

    numnerous issues with the developer – wont go into that as it does my head in but we are at OFT.

     

    as a retaliation, the developer is trying to blame us for the fact that he has not been able to get an occupancy certificate for the building despite the fact that the building was first occupied in March 2012.

     

    We made two changes to the apartment:

    1. we frosted the clear glass windows looking into a balcony (the balcony is on our title) – we obtained approval from the EC and we stated to the EC in writing that we would be responsible for any maintenance involved in the future. The frosting is on the inside of the glass, on our side.

    2. on the same balcony, we removed the balustrade and enclosed the balcony with clear glass. The balcony is behind a huge metal awning that runs the entire height of the building, so there is no change to the look of the building. The frame for the enclosure is on the part of the balcony that is on our title. Again, this was signed off by the EC. and again we stated that we are responsible for any maintenance.

     

    where do we stand with the developer? is he right in that we are affecting the occ certificate?

    can he make us remove the frosting and the enclosure?

     

    another unit holder has partitioned his bedroom and he also has received a similar notice from the developer. the ridiculous thing is that the developer did the partition for him.

     

    bottom line, the developer is trying to put the heat on the unit owners to stop us from going to OFT and legal.

     

    thanks for the advice!!

    regards

Viewing 2 replies - 1 through 2 (of 2 total)
  • Author
    Replies
  • #16909
    Austman
    Flatchatter

      You moved in before an Occupancy Permit was issued?  According to the Building Commission that is illegal:

       

      “Section 39 of the Building Act 1993 requires that – where a building permit states that an occupancy permit is required for the building, it is an offence for a person to occupy the building unless the occupancy permit has been issued. Therefore, it is the owner’s responsibility to ensure that the occupancy permit has been issued.”

       

      Are you sure of the developer’s story?  The Occupancy Permit should have been checked as part of the purchase process. 

      #16910

      Hi Jacky

       

      Regarding the frosted glass, possibly not, although it can alter the amount of natural light that penetrates a room, which could have an impact.

       

      However, enclosing the balcony can change the fire-rating of a building, affect the amount of the light/ventiliation entering the adjacent rooms of your apartment and of course, quite potentially include an additional ‘habitable’ space which deviates from the original plans in the DA. This may have had an effect on the issuing of the occupancy certificate.

       

      I hope you had council approval to enclose the balcony, as EC approval only is probably not sufficient; the issuing of an occupancy certificate to the developer hinges on the building conforming to certain standards upon completion – the enclosure is unlikely to meet that requirement.

    Viewing 2 replies - 1 through 2 (of 2 total)
    • You must be logged in to reply to this topic.

    Flat Chat Strata Forum Living in strata Current Page