Question: Approval has been granted to replace three of our building’s balcony balustrades. Now work is complete, is it reasonable to expect approval for future motions to replace the remaining balustrades?
Approval has been granted to replace an old steel balustrade with a glass balustrade on three balconies. Now work is complete, does that set a precedent for further motions presented? Is it reasonable to expect approval for future motions? An engineer’s report stated there is no reason why a glass balustrade cannot be installed safely on any or all balconies in the future.
Answer: It is not an absolute that prior approvals will result in future approvals.
Todd Garsden, Mahoneys:
Any improvement application is required to be considered on its own merits – so it is not an absolute that prior approvals will result in future approvals. However, all things being equal, it would likely be unreasonable for a similar improvement to be refused in the future.
A few peculiarities that ought to be considered for balcony improvements include:
- certification issues (new standards would need to be met).
- development issues (the council may have restrictions as to what can be installed).
- ongoing maintenance obligations (if the owner is replacing the balustrade they would become responsible for its ongoing maintenance).
QIA Group:
Firstly it would depend on whether the Body Corporate replaced the balustrades or the individual owners.
If it was the Body Corporate then it would appear that the replacements would be intended to ensure a uniform look for the building going forward. I would also assume that there has been some discussion as to the type of balustrading that would be considered appropriate by the Body Corporate as a whole.
The issue for most Bodies Corporate with this type of work is really an aesthetic coupled with a need to conform to By-laws in terms of the outward appearance of the building.
If the Body Corporate is carrying out the work and the Owners have agreed to all do the same then the choice of balustrade should be up to the Owners – provided that building legislation and any planning requirements are met.
If the work was being carried out by individual Owners, I would assume that the Body Corporate as a whole would have considered if glass balustrades are appropriate and then when Owners apply, permission is given along those lines – also subject to building and planning requirements and the use of a licensed and insured contractor.
Then there would need to be a discussion as to ongoing maintenance responsibilities for the balustrades – which would be simpler if the Body Corporate carried out the works.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753
QIA Group E: info@qiagroup.com.au P: 1300 309 201