Our balustrades are noncompliant with the current building code. Do they need to be upgraded now, or only when work is carried out?
The balustrades in our owners corporation do not meet the current building code. When, if ever, are we required to upgrade them to comply with current standards?
Is an upgrade only triggered when renovation or alteration work is carried out on the balustrades themselves?
Building work needs only to comply with the relevant standards at construction or when a renovation, alteration, or change of use occurs.
Building work need only comply with the relevant standards when constructed. It is only when a renovation or alteration (or change in use or classification) occurs that items not up to current standards need to be updated. With that said, there is nothing wrong with a private lot owner or owners corporation electing to upgrade items if there is a reasonable basis to do so (i.e. safety, aesthetic, etc).
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Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/
Phillip is a regular contributor to LookUpStrata.
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