VIC: Heat issues in apartments: Who is responsible?

Question: How can I be sold an apartment when the developer must know it has significant heat issues due to its design?

I bought a North facing apartment. Over Summer, the temperature of the window on a 29 degree day (with double blinds closed) measured 45 degrees.

The developer chose not to install awnings, and I had to cite the sustainability changes in the Act before the owners corporation approved my request for thermal film. External awnings aren’t something the owners corporation is interested in. Nor will they do a heat audit of the building.

I’m roasting, resentful I need to pay for the film, and worried for my neighbours. Can I ask the owners corporation to pay for thermal film and install the film on all North facing units?

How can I be sold an apartment when the developer must know it has such significant heat issues due to its design?

Answer: Who has ownership over the windows?

There are several things to consider when approaching this issue. The first is who has ownership over the windows? Depending on your plan of subdivision, it may either be private or common property or could be shared.

Second, is whether this issue is shared amongst your neighbours as you have noted in your question. I’d encourage you to reach out to them or raise it at the next Annual General Meeting. This will assist you in demonstrating that it is a shared issue which should be addressed by the owners corporation. If the owners corporation is unwilling to assist, and you wish to pursue the matter, I’d encourage you to seek legal advice from an owners corporation specialist lawyer. They may recommend you engage a building specialist to advise on whether the issue is a defect that can be pursued.

We note additionally that if you have purchased a new property (under 10 years old), you can raise the issue with the builder of the property and ask them to address it as a defect. Should they refuse, you may need to engage a building specialist to prove the issue is a defect.

This post appears in the July 2024 edition of The VIC Strata Magazine.

Alex Smale
Melbourne Owners Corporation Services
alex@mocs.com.au
P: 03 9818 2488