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  • #8722

    Hi there

    I live in a unit block built in the 60’s, NSW.  Our strata agent recommended that we have fire safety inspection/certification done, a company did carry out inspection and provided a certificate.  One of the resident owners refused access/inspection of his property (we are not even sure if he has a smoke alarm in his unit). The strata agent claims that by signing some document the said owner is exempt. The local council is only interested in whether fire safety certificate was issued. My question is, where does the law stand: if we are required to have certification done, aren’t all the owners obliged to comply (granting access for inspection). How can a fire safety certificate be issued if they have not inspected all the units?  Also, what are the possible implications for insurance purposes (strata as well as individual unit insurance)? 

    Thanks

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  • #17994
    Whale
    Flatchatter

      Juliana – Buildings completed prior to 1 July 1988 are not required to provide a Fire Safety Certification or Annual Statements unless those buildings were the subject of a Council approval (e.g. for renovations) or issued with a Fire Safety Notice some time after that date.

      I’m guessing that your Plan hasn’t been subject to the above, and that’s why your Plan’s fire safety inspection/certification was merely a recommendation from your Strata Manager as opposed to a statutory requirement, and also why an Owner could opt out.

      So far as I’m aware, a Fire Safety Inspection conducted under the Environmental Planning & Assessment Act (NSW) has to be complete; that is where all required items and areas, including individual Lots, are inspected. That’s why it is customary for the Owners of Lots that could not be inspected  on the pre-advised day/s to be charged for a further visit by the consultant / inspector.

      If your Plan’s inspection was as I suspect a voluntary one, then whilst not in any way suggesting that your Owners Corporation (O/C) should not act upon the consultant /inspector’s recommendations, I would suggest caution about the O/C providing that certificate to Council and to NSW Fire & Rescue unless and until it’s fully aware of any current costs of compliance, and of the on-going costs to maintain that.

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