Question: My neighbour’s unapproved bathroom renovations have caused damage to my lot but he will not give permission for access. What can I do?
There has been a bylaw put in place that says the unit above me will pay for any damage caused by his unapproved bathroom renovation.
There has been a leak causing damp walls in my unit since before Christmas. After the plumber, hired by the Strata company, fixed a few problems he thought the problem was solved. Unfortunately, it wasn’t, and the owner has refused to allow entry to another plumber. The committee say they are talking to the owner about this.
What Options are available?
Answer: Orders for Access must be sought from NCAT.
It seems that the subject by-law was passed by retrospective approval of the Owners Corporation, and, under its terms, the Owner of the bathroom would be liable for any loss or damage caused to lot or common property. Depending on the source of the cause of your damp, the Owners Corporation could enforce the provisions of the by-law by seeking orders from NCAT and you could seek orders from NCAT in that the water ingress is causing you a nuisance.
While it is unclear who the “other” plumber was contracted by, if it was the Owners Corporation, except in case of emergency, it would need the other lot owner’s consent for the Owners Corporation’s contractor’s entry, in the absence of which, Orders for Access must be sought from NCAT.
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‘Liability limited by a scheme approved under Professional Standards Legislation’.