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Does a ‘subfloor space’ below a two-storey Class 1a Townhouse in NSW, that houses the essential services to that Lot only, need to be indicated on the Strata Plan?
The DA defines the building as a Townhouse
The Strata Plan defines the two-storey Townhouse as ‘2 storey’, so the subfloor space is not considered a ‘storey’
The subfloor space is not indicated on the strata plan as a part of the Lot or the Common Property. It’s not indicated at all.By the letter of the Legislation, any area not defined as a part of the Lot on the Strata Plan is Common Property. But as per the BCA/NCC, if there is any Common Property below a Lot it is immediately classified Class 2 and the Common Property must be fire-separated etc from the Lot.
Dispute is ‘whether it’s common property or not and what it can be used for’.
Does a subfloor space under a NSW Class 1a Townhouse that only contains the essential services to that Lot need to be indicated on the Strata Plan?
Does anyone know of any resources that can assist? Given common building practices, surely this is an issue across NSW..?
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Bannermans Lawyers has an article breaking down the difference between Class 1 and 2 (see below).
What is a Class 1 and what is a Class 2 Building? – Bannermans Lawyers
PLUS we recently launched a DBPA Compliance Quiz, where you can find out whether your planned works need to comply with the Design and Building Practitioners Act 2020 (see below).
D&BPA Compliance Quiz – Bannermans Lawyers
Hope this helps.
Alison (Bannermans Lawyers)
Level 2, Suite 1, 65 Berry Street, North Sydney NSW 2060
PO Box 514 North Sydney NSW 2059
P 9929 0226 F 8920 2427
W www.bannermans.com.auSo lets do some subtraction.
Start with the premiss that everything at the property is common property.
Then look at the strata plan. It shows the boundaries of lots and each encloses a cubic space. Subtract this from the previously defined common property and you are left with the ‘real” common property.
Just to emphasize. An owner is a strata owns only the cubic space , not the building elements (except is some cases like floors between levels in a townhouse)
Now dont confuse the building classification with the definition of strata lots. They are different.
The building classification pertains to the building in its entirety. And in fact a building can be classed by a number of different classes (for example residential occupancy area and car park areas)
And a third point. Its assumed that when the property was built it was compliant with the fire regulations at the time. There is no regulation to say that as new fire measures come up, that they need to be retrofitted. So unless someone can say otherwise, your building is fire compliant.
There may come a time when either the local council or the fire brigade will issue an order to update some or all of the fire measures. Until then, sit tight.
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