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  • #11503
    daveL
    Flatchatter

      I have a question on balcony heights and requirements. Our building was built in the 70s and the balcony heights vary and were compliant at the time of building but is not now. For example out balcony wall is around 75cm high. To complicate things we have a planter box creating garden bed the whole length of the balcony. So in effect we have two walls, about 70cm apart. The intervening space is filled with soil creating a garden bed.

      The body corporate has decided to install a glass panel on each balcony to bring them up to the required height (1m)

      Our particular unit is on the ground floor and so the level of the floor of our balcony is about 10-50cm above the ground. My understanding is that this means that we do not have to have the height of our wall raised, and we are already compliant with existing laws.

      We do not want the glass panels installed as they will separate us from our garden bed, making it difficult to maintain.

      So I have 2 questions

      1.       Am I correct that we are already compliant as the floor of the balcony is less than 1m above the ground

      2.       Can the owners corporation impose the glass panels on us if we do not want them

       Thanks for any advice you can provide

    Viewing 4 replies - 1 through 4 (of 4 total)
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    • #28895
      Lady Penelope
      Strataguru

        Yes. You are correct in your assessment of Q1. Balustrade heights are only applicable for decks or balconies that are one metre or higher above the ground. Balustrades need to be at least one metre high.

        A ground level “balustrade” is more likely to be classified as a “dividing fence” or a “barrier” rather than a “balustrade”.

        According to the Office of Fair Trading the definition of a balustrade is: “A protective barrier to prevent accidental falls is usually comprised of handrails, infill and posts that support it. A balustrade may be made from many materials including timber, metal, glass etc.”

        A ground level Lot has different safety requirements than an upper level Lot.

        The OC has a statutory obligation for the repair and maintenance of common property and that includes adding features to the common property that were not originally included, such as safety features.

        In answer to Q2 the walls etc surrounding your Lot are common property therefore technically the OC can install the glass panels. However, although the OC “can” install the glass panels the question that you could ask the OC is: “Is there sufficient justification for the OC to install them at your particular Lot?” 

        The OC has an obligation to make reasonable decisions. Did the OC give any reasons for rejecting your idea of not installing the glass?

        Glass is barely visible. Therefore whether the glass is installed or not is unlikely to impact on the “appearance” of the building. If the “appearance” of the building is a basis for the OC’s rejection of your idea then that is an argument that the OC may not win.

        If the intention of the OC’s installation of the glass panels is to enhance child safety then the installation of the glass panels at your Lot is unlikely to do this as your ground level “balustrade” does not currently present a child safety hazard.

        The non installation of the glass panels will save the OC money. The OC has an obligation to be prudent with OC expenses.

        The non installation of the glass panels will facilitate an easier access for you to maintain the garden beds. 

        The glass is likely to reduce breezes to your ground level Lot. 

        In my opinion, given the reasons above, the installation of glass panels at your Lot are unjustified.

        Perhaps you may need to seek Mediation between yourself and the OC about this issue.

        #28896
        daveL
        Flatchatter
        Chat-starter

          thank you very much that is an extremely informative and helpful reply

          #20015
          daveL
          Flatchatter
          Chat-starter

            I have a follow up question to this thread.  

            The body corporate has now installed glass panels on a number of the balconies for compliance purposes, however they are clearly within the airspace of the lot, being attached to the inside of the balcony walls.

            My understanding is that the body corporate cannot install work like this in the airspace of the lot, given that it is the property of the lot. Am I correct?

            #20016
            Jimmy-T
            Keymaster

              @daveL said:

              My understanding is that the body corporate cannot install work like this in the airspace of the lot, given that it is the property of the lot. Am I correct?   

              I’d be interested to see where you have read that as I’m not sure it’s true.  For instance, the automatic door closure on the inside of your front door is attached to common property by intrudes into lot air space.

              in any case, if the balcony is common property then so is the air space above it.

              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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