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Thank you Lady Penelope and JimmyT very much for your advice.
The OC has now managed to get him to go through the ‘complying development’ route, seeking approval from a private accredited certifier and to submit a letter from the Council regarding no change to the strata plan being required.
Once he has all the information, he is required to submit to OC for further consideration. We expect to use the by-law process to limit our liabilities and costs. We might need to hire solicitors when required.
My son has similar problems. An owner in his block (Sydney) wants to install a timber partition in the middle of his lounge. The partition will be screwed to the false ceiling, concrete floor and walls (all common property). It is for the purpose of separating that part of space as a nursery. It appears to us from his rough diagram to be more like an additional room – i.e. splitting the lounge into two.
The owner considers that it is an exempt development. It does not require development approval, building approval and strata plan change approval. He only seeks OC approval to install the partition because it is screwed to the common property.
Would an additional room or a dividing wall require re-approval of the strata-plan by the Council? Would it result in costly upgrades of the building to current building codes? Would it require approval from the Council or accredited certifier?
OC is not willing to bear any liabilities and costs involved. What should OC do to avoid them?
Hi fcd and JimmyT
We did think of leasing/renting the car spaces by owners. Your pointers are all very relevant and important – many of them we have not thought of. We will check them out when there is some agreement among the owners. Thanks!
Hi JimmyT
Thanks – we will check Sachs Gerace Broome out when the times come. Agree with you that we should use the sponsors whenever we can.
Hi PeterC
Thank you again. Will rethink your suggestion!!
Hi PeterC
Many thanks for the great insight. It is good to know the problems further down the track if we do not get it right in the first place.
The car spaces are in the common property. Unfortunately they are all unequal (re: size and location etc., etc.) and it is not possible to change them. Therefore an independent valuation, auction process, an exchange of money with resultant proceeds divided among the four owners are proposed so that the ‘allocation’ can be more equitable.
By the way, where did you get the legal advice? They might have offices in Sydney. It might be useful to get some legal advice before commencement.
Kind regards
AYK
Hi Scotlandx
Thanks!! We will check the conditions of Council approval and other requirements.
Kind regards
AYK
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