Question: The neighbour above wants to cut holes in my ceiling to upgrade their bathroom. Am I required to provide access? How do I ensure the neighbour leaves my lot in the same condition?
The neighbour in the unit above wants to access my lot and cut holes in my ceiling to relocate plumbing pipes and upgrade their bathroom. Am I required to provide access, given that these works are improvements rather than repairs? What are my rights, and if required to provide access, how can I protect my interest to ensure the neighbour leaves my lot in the same condition? Should I be concerned about future damage?
Answer: An access deed or licence can deal with the rights and responsibilities of both parties.
If the works were repair and maintenance to common property and the owners corporation was seeking access, you would have to consider providing access. If you did not provide access, the owners corporation could seek orders in the NSW Civil and Administrative Tribunal (NCAT). The owners corporation would likely be successful in obtaining orders, especially if there were no other ways in which the works could be undertaken.
As this is a request for access from a lot owner for upgrade works, there is no requirement for you to provide access. There is no mechanism under the Strata Schemes Management Act 2015 in which a lot owner can seek orders for access against another lot owner to undertake renovation works. Whilst there may be avenues under the Access to Neighbouring Lands Act 2000, it is always better to avoid litigation and come to an agreement. You should consider doing the neighbourly thing. This may mean providing access under an access deed or licence. The deed or licence can deal with the rights and responsibilities of both parties, including make good requirements, duration, etc.
Remember, the lot owner undertaking works will also need authorisation from the owners corporation to undertake works to common property. This would normally be in the form of a registered by-law.
If works are required to lot property, or the owner wishes to install something in your lot, an easement would be required.
Matthew Jenkins
Bannermans Lawyers
E: enquiries@bannermans.com.au
P: 02 9929 0226
Leave a Reply