Material Alreration Off the Plan

Hi all,

I'm hoping someone can help me out with the law surrounding 'material alteration' with an off the plan apartment.

My parents recently purchased an OTP apartment with the apartment itself advertised as 58m2 and balcony 3m2.

We recently had it measured and the apartment is 51.953m2 and balcony 2.99m2. These measurements are roughly 10% smaller than what was advertised.

We have put this in writing to both the developers and their legal team within the given timeframe of submitting defects.

As this is more important than a 5% change in size, what are our options?

Our solicitor does not specialise in property law, so I thought I would ask the question here to get advice before moving forward.

Any information is greatly appreciated.

Sponge

 

I'd suggest changing to a solicitor who does property. Have a chat to @KateAshmor

 

They measure internal walls. This can eat up a lot of space. I assume you've only measured livable space? I never take their claims at face value because they use a different basis of measurement. There are some other oddities about how far they can legally push this. That's why I'm always warning people about OTP. It can be a minefield.

 

It was done by Washington Brown as part of their depreciation report. I'll give them Monday to clarify.

Just so I have this correct, there's a chance Washington Brown has measured liveable space and the developers would be basing it on external walls?

Thanks

 

Thanks mate

 

No I don't think external walls are included. I'm referring to internal. But that alone can make up a significant amount of space depending on the layout.

 

It all depends on how the measurement is taken.
In some instances it is measured from the midpoint of the external walls.
It may be that both figures are correct, just different systems used.
Marg

 

Ah that's right. Mid point of external, and 100% of internal. I remember researching this years ago. As I said...buyer beware can be dodgy as sin. That's why I only buy existing builds.

 

Different types of building boundaries -external/median/internal of wall. Have a look at the face sheet of the sub plan, it will tell you how the wall related boundaries are defined. The surveyor generally chooses one boundary definition to use as default, then have abbreviations for the other definitions. Ie the internal boundary may be used as the default (shown as a continuous thick line) and median defined by M, and external defined by E (also shown as continuous thick lines, but with the abbreviated letter shown somewhere along the line).

Have a read of the guidance below relating to boundaries defined by building.

https://www.google.com.au/url?sa=t&...ggbMAA&usg=AFQjCNGhgejcjpJ0W75ZpcP4kO9EYiDfBg

For the OP- the developer may not accept the measurements from a non licensed land surveyor. If you do need to find a licensed land surveyor make sure its not the one shown on the sub plan (their logo will be at the bottom left corner of sub plan), as they will have been engaged by the developer.

Edit- link above doesnt seem to work - try this one
https://www.google.com.au/url?sa=t&...ggbMAA&usg=AFQjCNH8VmBg9vE5F5doGYuNmpqskOkpiQ

 

What measurements does your contract specify? What is advertised is not as relevant as what you signed I imagine.

 

Mostly the same with any property. The quoted size of a house is often more misleading, and can be the measurement of the roof area, including eaves.
Marg

 

T

Thanks Marg

 

Tha

Very helpful, thanks!

 

I'll get back to you.