Who is responsible for the renovation work that has been done without Body Corporate approval? As the new owner do I have an obligation to renovate the floor for a noise-cancelling option? – Arsene, VIC

Q: Hi – I bought a property on a Stratum Title a few months ago. It appears that the previous owner has removed the carpet inside the property for a wooden floor. However:

1. It did not have the approval of the Body Corporate;
2. It appears that it is causing noise nuisance to the neighbour living in the unit below our unit because it was not done properly to avoid noise nuisance;
3. It appears that work has been done at least 10 years ago;
4. The neighbour complaining about the noise had moved in his property before we buy our property. hence discovered about the noise before we even buy the property.

Who is responsible for the renovation work that has been done without Body Corporate approval?

As the new owner do I have an obligation to renovate the floor for a noise-cancelling option?

 

A: Unfortunately it will fall on you as the current owner to reverse the work the previous owner made and renovate your property to fall in line with the cosmetic requirements set out on your owners corporation rules.

Alternatively, you may have the rule to have your lot as an exception, although it’s worth noting that this process will be much more difficult when the work has already been done.

Speak to your owners corporation or your owners corporation manager to see if you can possibly work out a compromise.