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  • #39962
    newlsie
    Flatchatter

      Need advice please in regard to warranting building work. I live in a 6 story building and have recently enclosed my balcony. The owner above me is doing some work on his lot owned balcony which is now my roof, so in order to effectively waterproof the balcony to our Structural Engineer’s satisfaction the waterproofing must cover the gap between the two jobs. That is, between the horizontal fire spandrel I installed and the tiling on the balcony above me.

      The supervising consultant to the work above me has scoped the work so that the two jobs DO NOT cross over. This will mean I will be unable to get my occupation certificate because there will be a gap where the water will get in between the two jobs.

      The supervising consultant is putting all the responsibilities for warranties on the builders, despite the fact that the scope of works could be wrong.

      Who is responsible when leaks eventually occur into my home? My builder, the other builder or the supervising consultant for creating a scope of works that will allow water penetration?

      Thanks,
      Newlsie

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    • #40013
      Jimmy-T
      Keymaster

        I would call your local council who must have approved the work (surely???). But generally speaking, if the work upstairs is affecting your property negatively, you might be able to get an interim order at NCAT to force them to stop.

        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.
        #40172
        Andy
        Flatchatter

          I remember this. Why didn’t you get your reno approved when complete?

          You probably have to wait until your neighbour has finished their renovations now if there’s a connection between the properties. Also I wouldn’t rely on tiles to create a waterproof barrier. Water has a habit of pooling in the gaps under tiles and will saturate and rot whatever is underneath causing all sorts of problems down the track.

           

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