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Hi,
I’m not sure if this topic is in the right place.
We are a small 15 unit 3 storey self managed strata plan. A developer has been granted consent by Council to build a 32m high multi unit development on adjoining vacant land parcels. An agreement was reached between the developer and council to amend the LEP to extend the height limit from 18m to 32m, prior to lodging their DA. The land has flooding limitations.
Yesterday I found contractors for the next door developer on our strata plan common property opening up our sewer release and running piping down into it – some kind of surveying assessment. I asked them who they were and what they were doing. They claimed they had permission but could not provide evidence. I requested them to leave. Later I found a notice from the developer in the letterbox informing our property that access would be required and that their people would be on our property and thanking us for our cooperation.
I emailed the author of the letter and told them what they needed to do to request permission to enter onto or carry out work on our property.
I have concerns. I learned from some quick research that it is possible for the developer to be granted (by a court) access or an easement on our land. Wondering what is our best course of action to insure our strata plan against any possible loss or damages. Can we require that they indemnify us before we grant access?
Thank you for any advice.
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The inspection can all be legitimate.
Property owners are not permitted to drain water and sewerage across another property. To do so requires an easement.
Many older drainage systems cross properties and they could have been determining if this was the case.
As far as getting an easement on your property. Only in exceptional cases will a court force a land owner to be burdened with an easement. However you will be awarded compensation for this.
Usually an adjoining property owner will request an easement across your property. You can refuse it, or you can allow it again with compensation agreed between the two parties.
The requesting party pays all the legal and registration costs.
I think a strongly worded letter from your strata manager or lawyer telling the developer their contractors need to respect their neighbours and, by the way, you will be raising the issues of overshadowing at a strata meeting to see what action your scheme can take to mitigate the effects of their construction and determine if it was legally approved.
Something like that to fire a shot across their bows. Remember what happened at Mascot Towers – it’s very likely that work on the adjoining lot cause the building to collapse.
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.
The DA should have been scrutinised by the committee before the approval stage.
Traffic, overshadowing, issues in the geotechnical report, a dilapidation report to cover any damage including possible subsidence from the excavation if it is not supported sufficiently etc etc.
Water flows above and below ground can affect your property and should have been addressed.
Sewer access etc should all be there.
All you can do now is ensure compliance in a polite manner!I think many people do not know thst a property owner/ developer can use a private certifier. Provided that proposed design is fully compliant with council planning rules, neighbours are not required to be informed of the development.
Ive seen a number of developments around me. The developers appear to use architects well versed in the local council planning rules, and design the building right up to the allowed envelope. Not the prettiest things, but they maximised the return for the developer.
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