The owners below me intend to renovate, including removing load-bearing walls. Who is responsible for paying for a dilapidation report?
I own a unit in a block of four. The owners below me intend to renovate, including removing load-bearing walls. The engineers have recommended a dilapidation report be prepared for my unit before the renovations begin.
- Who is responsible for paying for this report?
- If there is damage to my unit from their renovations, how would this be managed and funded?
The homeowner who is wishing to undertake the renovations is required to pay for the dilapidation report and to restore the damage to any common property.
The homeowner who is wishing to undertake the renovations is required to pay for this report and to restore the damage to any common property. This is ordinarily set out in the by-law which should be tabled at the annual general meeting or extraordinary general meeting. It appears that the by-law is likely to make provision for a dilapidation report, pre and post the works being undertaken.
A pre dilapidation report is ordinarily prepared and after the work is completed a post dilapidation report is prepared. This will determine whether any damage is caused.
The cost should not fall on you. Any damage which appears in the post dilapidation report should be borne by the owner undertaking the works.
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Pierrette Khoury was admitted in 2006 and has extensive experience in strata, building and construction and commercial litigation.
Pierrette is client focused, results and outcome driven. Pierrette successfully resolves disputes and should a matter not be capable of resolution will successfully advocate on your behalf in the Tribunal or Court.
Pierrette has extensive experience in contract drafting and review including AS 4000, Master Builders, NSW Fair Trading and Housing Industry Association contracts.
Pierrette appears in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court for hearings, interlocutory applications and Appeals.
Pierrette applies strategic decision making to matters and narrows the issues in dispute. Pierrette has successfully litigated matters at the interlocutory and hearing stages.
Pierrette resolves matters on behalf of clients through effective dispute resolution mechanisms through negotiation, attending Mediations and attending informal settlement conferences.
Strata advice and litigation services
The services include strata advice, general strata advice regarding strata management agency agreements, strata by law advice, by-law drafting, consolidation and registration, strata dispute advice, breach of strata by-laws and enforcement, insurance claims, levy recovery advice and enforcement. This also incluees high level litigation services including building defect disputes and appeals, home warranty insurance claims and general insurance claims including appeals.
Legal involvement and representation of strata disputes including litigation involving breach of by-laws and breaches of the Strata Schemes Management Act and Regulations.
Appearance and representation in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court.
Key highlights:
- Strata advice, by law advice, disputes including levy recovery;
- Large scale building defect claims, disputes and appeals;
- Home warranty insurance claims and general insurance claims;
- Acting on behalf of a number of Owners Corporations in relation to large defect claims including claims under the Design and Building Practitioners Act 2020. Successfully resolving large scale defect claims;
- Acting for home owners in excess of $1million build and advising on contractual rights, variation disputes, project disputes and successfully resolving;
- Advising home owners and Owners Corporations on rights under the Home Building Act 1989 and Design and Building Practitioners Act 2020;
- Acting on behalf of a number of Owners Corporations in relation to lot owners’ breaches of by-laws and enforcement in the NSW Civil and Administrative Tribunal;
- Advising on retaining wall and fence matters and mitigation.
Qualifications
- 2005 Bachelor of Laws (Macquarie University)
- Bachelor of Commerce (Professional Accounting) (Macquarie University)
- 2006 Graduate Diploma in Legal Practice (College of Law)
- 2011 Graduate Certificate in Legal Practice Management
Memberships
- Law society of NSW
- Marrickville Chamber of Commerce
- Marrickville Business Association
- Strata Community Association of NSW
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