Does a By-law need to comply with Building Code (BCA)

Hi Jimmy, The building does not have a common property bathroom facility for workers, owners etc. The by-law is meant to cover Building Code Australia (BCA F2.1) compliance for employees, workers etc. hence why everyone should have access! The Lot is a commercial lot and the bathroom is not accessible unless they access the locked sole occupancy unit, walk through it to gain access to the bathroom.

This sounds ridiculous, after hours anyone could access the lot and go through the commercial tenants items or interrupt the tenant during business hours (they would have keys so don’t even need to ask or knock).

If this is lawful… does this mean OC’s can just pass a by-law and access any private lot they want?

Hello FlameTree, The OC’s insurance company stated that they do not cover the private lot (as they walk through to gain access to the bathroom) and the bathroom would be grey on who is responsible. This is from my discussions and would need to get a lawyer to confirm.

The Commercial Lot was bought and had never been used prior and would assume only the previous owner/developer had access. The keyed door locks to the sole occupancy unit was changed (for security) along with first use general fitout (concrete empty shell) shortly after the lot was bought. The bathroom area is clearly defined within the plans Lot internal boundary and access to the bathroom would be the same as a general residential lot bathroom or any room (require access through the front/back door through the lot then gain access to the bathroom door/facilities).  The cleaning, utilities and maintenance is managed by the Lot owner and not the OC.

If the building require or want a bathroom for employee’s or workers, i would believe they should not have to rely on a private owner/tenant to let them into a sole occupancy unit. The Lot has been owned for over 3 years and this by-law is only been discussed recently.