Section 106 of the Strata Schemes Management Act provides a statutory obligation on the Owners Corporation to maintain common property. If it is common property, the Owners Corporation must undertake the necessary repairs based on its obligations under s.106 of the Act.  If, on the other hand, the damage is to lot property, the Owners Corporations obligation arises in circumstances where the damage is caused [...]

Ordinarily a purchaser of a property is required to pay a 10% deposit when a contract is exchanged and then the balance of the purchase price is payable on settlement. It is becoming more common that purchasers are requesting to pay a 5% deposit on exchange rather than a 10% deposit.  These requests are being made for a variety of reasons.  For example,  a purchaser [...]

Understanding the key milestone of Practical Completion during home building works is essential for both homeowners and builders alike, marking the point at which a project is deemed finished and triggering important legal implications. Practical Completion Defined: Practical Completion is a term used to signify that a building project has reached a stage where it is fit for occupation and use for its intended purpose [...]

It is well known that an owners corporation is responsible for repairing and maintaining its common property in strata lots. If they fail to do so, a lot owner has the right to bring a claim for damages arising from any reasonably foreseeable loss that occurs as a result (such as loss in rental income). It is important that lot owners are aware of the [...]

What is a building inspection report and what role does it play in the purchase/sale of property? A building Inspection report details the property's condition and identifies any issues that are found by the inspector at the time of inspection like defects or problems such as rising damp, safety hazards or cracking and movement in the walls. It is important to obtain a building inspection [...]

Most of us can agree that there is nothing worse than being rudely awoken by construction in the early hours of the morning, or even hearing the neighbours try and do some “quiet” renovations in the middle of the night. Thankfully there are legal avenues available to counter consistent, and persistent nuisances that interfere with your quiet enjoyment. What is an Offensive Noise or a [...]

A Strata Scheme is a building (or group of buildings) which has been divided into lots, such as apartments, townhouses or villas.  When you buy into a strata scheme, you share ownership of the common property with the other owners, which can include walls and floors, stairways, lifts, roofs, driveways, outside areas and gardens. What are your responsibilities when you buy into a Strata Scheme? [...]

On 23 July 2023 the Design and Building Practitioners Act 2020 and Design and Building Regulations ("DBP") will be extended to include Class 3 (Long term or transient living such as boarding houses, hostels, backpackers and student accommodation) and Class 9C (residential care buildings, aged care) Buildings. This change will also apply to United or Mixed Use buildings incorporating one or more of residential; hostel [...]

A dividing fence dispute typically arises when neighbours disagree about the placement, construction or maintenance of a shared fence. What constitutes a dividing fence? In New South Wales, a dividing fence is defined as “a fence separating the land of adjoining owners, whether on the common boundary of adjoining lands or on a line other than the common boundary” The fence could be made out [...]

Whether you are an experienced tradesperson or renovator there are many things that could go wrong during the project. We have prepared some helpful hints to assist you when planning your renovations which will help you to avoid costly disputes. If you do find yourself in a dispute with your homeowner client or with a tradesperson you have employed, we are able to assist you [...]