- This topic has 5 replies, 4 voices, and was last updated 11 months, 3 weeks ago by .
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I would like to ask, “what is the Council’s Responsibility when issuing building permits?”
We live in a five year old apartment complex where a garden on the first floor level (in garden boxes along the length of the building) has been described as a nightmare because of the inappropriate plants and trees planted by the developer. The OC is being told it needs to do major landscaping works to rectify the long term issues we may face. At a quoted cost in excess of $55000 why are the owners liable for the Council failing to advise the developer on what plants and trees are allowed and those not allowed?
- This topic was modified 11 months, 4 weeks ago by .
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The landscaping in a development is not a large cost.
The DA approved by the council includes the types of plantings required.
The developer just does the minimum to get the occupation certificate. I’ve seen many plantings suggested by the councils to turn into nightmares.
Why not use the opportunity to select and put in more suitable plantings. As long as it looks reasonable the council will not complain.
It sounds like the OP is asking if the council isn’t liable for not advising the developer correctly. My view, it’s up to the developer to check and if they planted the wrong plants, then it’s a defect. If they did so because the council told them to, it’s up to them to take it up with the council.
Either way, the owners should not be paying a cent towards this.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
It sounds like the OP is asking if the council isn’t liable for not advising the developer correctly. My view, it’s up to the developer to check and if they planted the wrong plants, then it’s a defect. If they did so because the council told them to, it’s up to them to take it up with the council.
Either way, the owners should not be paying a cent towards this.
And if plants were planted that the owners wanted, who is responsible?
The developer could have got the list of plants they wanted, but planted the wrong amount. For example, the owners wrote bushes, trees and flowers, but the developer planted 2 trees, 10 bushes and 3 flowers. I.e. technically the developer has planted everything that is needed, but the owners do not like the proportion of these plants, they want 10 flowers, 5 bushes and 3 trees, but they did not tell about it at once.
Hawcall
a slight flaw in your argument.
The building becomes the responsibility of the OC after the first AGM. Prior to thst it’s owned and/ or under the control of the developer.
The owners have no formal body, nor a consensus to instruct the developer prior to the first AGM.
The first AGM is held after the strata is registered, which occurs after an occupation certificate is issued, which requires compliance with councils DA conditions ( including plantings)
If the council clearly ordered the developer to install specific inappropriate plants, then surely it’s the council’s liability.
Otherwise it’s the developer’s responsibility – even if they were fulfilling a request from the owners (who had no standing before the first AGM).
The council not telling the developer not to use certain plants doesn’t make the council responsible, IMHO.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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