Question: My daughter recently bought an apartment with non compliant flooring. Who is responsible for the cost of work to replace the flooring?
My daughter recently bought an apartment with non compliant flooring. The owners corporation knew about the work but has done nothing to rectify the situation. She would like to replace the flooring so it complies. Who is responsible for the cost of work to replace the non compliant flooring?
Answer: If flooring was installed without approval, as the current lot owner, your daughter will be responsible and should look at whether she can claim against the previous owner.
Who is responsible depends on who did the work to the flooring and what portion of it is common property.
If it is original flooring and all common property, then the owners corporation is likely responsible and may have a claim against the builder. If it is not original flooring and is common property or lot property, I suggest looking for approval to install the new flooring as it will likely have conditions on it. If the flooring was installed but not approved, your daughter will be responsible as the current lot owner and should look at whether she can claim against the previous owner.
This post appears in the September 2023 edition of The NSW Strata Magazine.
Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990
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