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I live in a 2 storey Sydney apartment- built in the 70s. The original balcony was enclosed (lower floor) with glass windows & a roof in the 80s (DA approved). We currently look out from the top level to the roof of the enclosed balcony below. The roof isn’t common property (because the whole roof was redone recently & the strata didn’t include ours in the upgrade). The downpipes / gutters were done tho.
We are on the top floors no one above us. There will be no change to anyone’s views behind us other than a glass balustrade.We are be proposing a new structure (demolition of old & rebuild with lighter material but with a balcony above instead of flat roof). We will have exclusive use of the roof as no one else can get to it other than us from top floor.
guessing that’s a lot to visualize ! It’s an odd predicament as we it’s not common property exactly. We have been told anything above 2.44 meters is not “ours” but I’ve read it can be infinity?
commercial calculations are going to be interesting to ascertain a price we are to pay for the roof. Presuming the OC are even going to allow it.
Would appreciate any advice on how best to approach this?
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If your proposed roof intrudes into the common property airspace (2.44 metres above the floor) then you have to pay the owners corp compensation. The calculations for that (as established in the High Court) is the estimated or agreed difference between the value of the property before the addition and after it, minus all the costs of the work, including legals, archistects fees, DA submissions and building work.
In other words, if you increase the value of your propery by $50k and it costs you $30k to build, with all legals etc included, you should offer the owners corp $20K.
You will get the use of the improved property, plus a share of the value when you money drops into your Admin fund.
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.
Thank you so much for your response. Sorry for the delay, had issues logging back in & spam.
One more quick question – when you say “the value of the property” is that generally a bank valuation?
Also, attached a picture so you get the idea of where the current balcony is now (further right of the image) which will have the enlcosed balcony on top of it.
The valuation is generally by an independent valuer. You may be asked to get (and pay for) three individual valuations and an average taken as a cost estimate. The bank may require a valuation if you are seeking finance on this venture. If you have the cash stashed and are not seeking to finance this, then the bank is not involved.
You need to have other residents on side with your proposal as you can expend all of the fees having a DA approved, architect plans drafted, structural engineers report supplied and builders lined up, only to find one dissenting owner (usually a solicitor), stymie your plans. This is what happened in the void cavity occupancy proposal below over the placing of a small window in the back wall for another bedroom. Plus your levies might increase with the extra space.
The previous two posters did not mention that a reassessment of the strata will be required. That involves a surveyor to draw up new strata plans that include your additions, a new valuation of the unit entitlements , getting the motion passed to alter the strata scheme, and r hen registration of the scheme.
It’s all at the cost of the owner.
It’s not impossible and I’m certain it’s been done by a determined owner.
But you need to go 8n with eyes wide open, be aware of all the costs and the hurdles you have to jump.
As the previous poster said, you need to make sure that all owners are supportive and remain so for the duration.
Remember that the new strata plan and revaluation occur after you have finished the build. You don’t want it to go pear shaped at that stage.
Just consider whether this is a vanity project or whether the build will add value to your property. (The answer is that it adds no value because you will pay the OC the increase in value) It may be easier to just purchase a property with the views you seek.
The previous two posters did not mention that a reassessment of the strata will be required… It’s all at the cost of the owner … it adds no value because you will pay the OC the increase in value.
The calculation for payment to the owners corporation, as established by the High Court (I think) is:
New value – (original value+cost of renovation, including legals).
The cost of reassessing the unit entitlements may possibly be offset against the money paid to the owners corp. And you certainly don’t have to pay the whole of the value of the improvement to the OC, just the net benefit.
Also, the recalcualtion of the levies will only occur if an owner challenges this. There are plenty of schemes where the levies are skewed out of shape to benefit some owners, but the cost (both financially and emotionally) of rectifying it means they are never challenged.
Maintaining good relations with your neighbours and letting them see the benefits rather than just the drawbacks can work wonders.
Leave it a couple of years and it will pay for itself.
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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