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The apartment above commenced a massive renovation project on the 5th Aug including 5 days of jack hammering up tiles causing intolerable noise to the residents who can only leave their homes for 1 hour a day. As I understand it only ‘essential’ should be carried out during this time yet the OC have done nothing to prevent the work or check if legal.
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Call the cops? Or is it too late and the work has finished?
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.
I can pass this on to my colleagues in the media but you would have to be named and perhaps be in a picture. Let me know if you are up for that. Meanwhile call your local police station directly. A home renovation is probably way down the priorities of the Covid Hotline.
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.
Check with the DHHS.
But some specific information regarding renovations is here:
<h3 id=”can-my-renovation-proceednbsp”>Can my renovation proceed?</h3>
Tradespeople and builders can only visit your home for renovations if you have fully vacated the property and are not staying there during the period of Stage 4 restrictions.If you have vacated the property, then renovations can proceed in line with restrictions on residential construction.
If you’re still living at the property, then tradespeople and builders can only make emergency repairs.
https://www.dhhs.vic.gov.au/stage-4-restrictions-summary-covid-19#can-my-renovation-proceednbsp
What I was hoping was that someone would be able to tell me whether major renovations in a Strata block are allowed during Stage 4 lockdowns in Melbourne.
Try these DHSS contacts
Phone: 1300 650 172
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.
Call the Council.
Hello Danny D
Not sure what sort/size of block you live in, but it sounds like multi-storey? If so, then you may not be the only person affected by the renovation. Have you spoken to residents living in other units adjacent to or above/below the works?
It may also pay to find out from the Strata Committee or Managing Agent what conditions attached to the approval, and to ask them to step in on your behalf. (OK, I know, but it’s worth asking though.)
I recently did a kitchen reno. While there were only minor conditions attached, I took the trouble to speak to neighbours to work out ways to reduce noise eg no power tools at certain times of the day when their toddler was sleeping, finding out when they would be away working (health workers) etc. Are the workers doing the upstairs reno approachable?
Hope it works out for you.
With a lot of money I could go for an injunction with VCAT but that would add to the stress.
I don’t know that this would take a lot of money. As for stress, it may increase in the short term but reduce in the long term.
This FactSheet (if you haven’t already seen it) has all the information you need. It also has a link to this page of bodies that might help and this page for urgent hearings.
Considering VCAT’s stated parameters for an interim injunction are …
your case is serious
you will suffer damage that can’t be compensated by a payment
the injury or inconvenience to you will be greater than the injury or inconvenience the other party would experience.
… I would think you would get a hearing, at least.
Just a couple of thoughts. Get as many neighbours as you can to support you and try to avoing making it personal or about undue influence on the committee. That kind of thing could shifts you from legitimately aggrieved resident to vengeful owner or conspiracy theorist in the minds of Tribunal Members.
Good luck
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.
Apart from putting a few notices in the lifts giving times of noisy work i.e 9-10 10.30-12.30 and 1-2 he is oblivious to the many complaints by residents as is the building manager and OC chairman they just say he is legally able to do the work.
If he has received written committee permission to make the noise, he probably is allowed to. That’s part of the Model Rules in Victoria. Model Rule 6.2(2) “6.2 Noise and other nuisance control” applies. You’d have to get enough other owners together to organise an OC meeting that rescinds that permission.
. With a Strata apartment it is empty but we have builders using the common parts causing extra Covid risk. It seems there is a big loophole in this area.
The rules for building works are that the house must be empty. With a Strata apartment it is empty but we have builders using the common parts causing extra Covid risk. It seems there is a big loophole in this area.
I agree. It’s not clearly defined by the DHHS. The best I can make of their guidance is that strata common areas should be treated like public areas. Meaning that persons including trades must wear masks when in those areas. Trades are certainly still allowed to access or cross common property areas if the work they are doing is permitted.
I think that without further clarification from the DHHS, you’d have a tough time convincing police or the COVID hotline that there is a breach. Hopefully you’ll get a response from them.
Those permissions were given under completely different circumstances under which people would be going to work. Now you can’t even go to a cafe to get away from the noise. I really wish you would let me pass this on to the Melbourne media as they might force the authorities to deal with it rather than shuffle it into the too-hard basket.
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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