Question: The balustrades in our old building require maintenance. They do not meet current height requirements. Can we repair the existing balustrades, or do we need to update the railing height to meet current safety requirements?
Our 6-pack block of double brick units is about 25 years old. The iron balustrades have rust, and we are considering replacing them with powder-coated aluminium of a similar design. The existing railings are 960 cm high, and we have learnt that the current safety requirement is 1000 cm.
What are our obligations regarding replacement? Can we treat the rust and repaint the existing balustrades, or must we replace the balustrades to conform with the current height regulations?
Answer: There is no obligation to improve the balustrades or change the height requirements as part of the maintenance responsibility under the BCCMA (however, an obligation may exist through the advice from a certifier).
The answer to the direct question would require the engagement of a certifier. I can confirm, however that from a body corporate perspective:
- If the lots are created in a building format plan – the maintenance responsibility and cost would usually fall to the body corporate;
- There is no obligation to improve the balustrades or change the height requirements as part of the maintenance responsibility under the BCCMA (however, an obligation may exist through the advice from a certifier);
- If an improvement is required or chosen by the committee – a different approval threshold at general meeting may be required depending on the ultimate cost.
This post appears in Strata News #649.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753