Damages claims for common property in disrepair

By |2024-02-14T01:26:37+00:00February 14th, 2024|PROPERTY LAW|

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 [...]

The importance of independent building inspection reports for purchasers

By |2024-01-17T02:47:07+00:00January 17th, 2024|PROPERTY LAW|

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 [...]

Tools Down: Noisy Neighbours and the Perils of Power Tools

By |2023-11-15T03:24:56+00:00November 15th, 2023|PROPERTY LAW|

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 [...]

Are you buying into a strata scheme? Here is what you need to know

By |2023-09-15T00:05:42+00:00September 15th, 2023|PROPERTY LAW|

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? [...]

Home Building Changes Coming Into Effect 23 July 2023

By |2023-07-18T22:37:21+00:00July 18th, 2023|PROPERTY LAW|

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 [...]

Fencing Disputes: What you need to know

By |2023-06-09T03:03:00+00:00June 9th, 2023|PROPERTY LAW|

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 [...]

Considerations for tradespeople and homeowners when carrying out residential renovations

By |2023-02-15T23:10:47+00:00February 15th, 2023|PROPERTY LAW|

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 [...]

Considerations when selling a property with a swimming pool

By |2022-11-16T03:30:11+00:00November 16th, 2022|PROPERTY LAW|

There are many issues to consider before you decide to list your property on the market for sale. One important issue arises if the property has a swimming pool or spa. Under the Regulations, any Contract for the sale of a property which has a swimming pool or spa must include a valid certificate of compliance (or non-compliance) as well as a valid Registration Certificate [...]

What to Consider When Buying a Rural Property

By |2022-10-20T00:46:39+00:00October 20th, 2022|PROPERTY LAW|

The COVID-19 pandemic saw an unprecedented rise in city dwellers wanting to relocate to rural regions to have a better work life balance. However, when buying a rural property, purchasers should fully assess the suitability of the land for their intended purpose and issues which don’t usually arise when buying in suburban Sydney must be considered, such as access rights, water licences, enclosed roads, chemical [...]

Home Building Disputes under $500,000

By |2022-09-09T02:49:31+00:00September 9th, 2022|PROPERTY LAW|

What are they? Building disputes commonly arise from disputes relating to non-payment for work, disagreements of the scope of work, poor workmanship/defective work, significant delays, abandonment of works and unlicensed works. These disputes can cause significant delays for both parties and incur considerable costs. What is the claim process? Before deciding to take your claim to court, you could take informal steps to try to [...]

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