Question: 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?
Answer: 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).
This post appears in Strata News #788.
Phillip Leaman
Tisher Liner FC Law
E: ocenquiry@tlfc.com.au
P: 03 8600 9370
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