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  • #10076
    dc228856
    Flatchatter

      Can someone please advise if building internal gybrock wall is allowed giving that nothing needs to be removed or impacting the structure of building. If not who is governing such renovation and based on what reasons such renovation would be rejected? Please advise where I can find more information?

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    • #23737
      tharra
      Flatchatter

        You need to check the building code (BCA) as a start. There are mandated sizes, heights, natural light & ventilation levels for different types of rooms.

        You can register to view the BCA for free on-line here: https://services.abcb.gov.au/NCCOnline/Account/Register

        You’ll also need to check your local council regulations & Owner’s Corporation by-laws. You also need to make sure you don’t impact any building fire control systems – e.g. add a wall which stops a fire control sprinkler system working in a particular space.

        #23739
        DaveB
        Flatchatter

          Good advice from tharra.  There is a coronial inquest being held this week involving a unit at Bankstown where allegedly such a wall was constructed and impeded escape from the building, resulting in the death of a young woman and serious injuries to another.  It will be interesting to see the Coroner’s findings and recommendations in this matter. 

          #23740
          Whale
          Flatchatter

            dc – you’ve been provided with some sound advice, and you should also consider that, depending upon the positioning of the new wall, you may create another room that won’t be shown on the Strata Title Plan or on the Plan of your individual Lot, that may compromise both the Owners Corporation’s insurance coverage and any insurance that you may hold for contents, and could at least complicate matters should you ever want to sell your Lot.

            But with regard to your original questions, as the proposed new internal wall will by necessity be joined to the floor and ceiling of your Lot, and as both of those areas are common property, the Owners Corporation (O/C) must at least be advised of your intentions, and as accidental damage to that common property could occur, the O/C would also want to know the details of the tradespeople who’ll be doing the work and of the currency of their liability insurance, may wish to impose limitations upon the times of work (e.g. to limit noise impacts on neighbours), upon where construction materials are stored, and about the disposal of wastes (e.g. off-site). Sect 65A of the NSW Strata Schemes Management Act (SSMA) applies if your O/C regards your proposed works as “erecting a new structure”.

            Additionally, if you intend to alter any services within your Lot, such as putting wiring for new powerpoint/s or television services within the proposed wall, again the O/C must be advised. Sect 116 of the SSMA applies.

            In terms of your proposal being rejected by the O/C, provided you follow the provisions of the SSMA in the terms that I’ve advised then any rejection or imposition of unreasonable conditions by the O/C can be taken by you to Mediation by the NSW Department of Fair Trading (DFT).

            As you probably appreciate, doing anything at a Strata Property and doing similar things at a stand-alone property (e.g. a house) is very different in terms of the rules and considerations that apply, so for an overview of those have a read through THIS excellent document produced by the DFT.

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