Non compliant balcony railings in old apartments...

They are everywhere. Thousands of blocks of flats built in the 60s and 70s with balcony railings that don't conform to current regs but were compliant when the property was built.
I was at a strata meeting last night when this issue came up. A report was apparently done 8 years ago that flagged the issue. There was some confusion around what the obligations are for buildings with railings that don't conform. Obviously, if any new work is done to the balconies, the railings need to be brought up to the current code. A few people in the meeting were keen for new railings till I asked them how keen they were on a Special Levy of $6,000 or so.
Who has come up against this issue before?
Scott

 

This issue was flagged in a complex where we sold a unit around 2002-2003. Gold Coast.

From memory we were advised that rectification would have to be made, but can’t remember any time frame.

It was worse than just railings around the balconies, there was a small block parapet around 45cm high with a 60cm railing in the top of it. Problem was anyone could climb on the parapet and topple over.

Our complex was only two levels, but we saw similar parapet/railing combinations on high rise complexes. We had young children and refused to stay.

Sold before any work done. This is not a new issue.
Marg

 

A few years back I was on a strata committee and the managers had heard of councils making orders on the buildings to have them upgraded, so we made a plan to raise funds over several years and replace one section at a time. The benefit of replacing the older style metal ones with frosted glass was that it improved the overall appearance of the building.

From memory the cost was about $6k per smallish balcony.

We also had another non-conforming balustrade internally and just paid for an extra 100mm of steel to be welded on, end result actually wasn't too bad.

 

You often don't need to upgrade as long as the building complies with the code in place at the time it was built from a strict legal standpoint, however that doesn't mean the body corporate couldn't be found to be negligent for not upgrading the railings if someone did fall over.

Any renovations or changes in use can trigger a requirement to bring it up to code which can be an expensive process.

 

Compliant railings can be as unsound as the furniture on the balcony too.

This can be just like a pool fence. A single modification to a pool fence triggers a requirement to comply with the current Aust Standard for the whole fence. Placing a item within the fenced area that is a foothold could also breach AS compliance.

 

Old railings removed.

New railings installed.

Bill was 42k.

Sad faces at the next AGM.

 

Friggen hell - the cost of a granny flat!

 

What prompted that, Ted?

I got this yesterday from the strata manager of another old Sydney block where I own a flat. This was his response:

'The current BCA standards for balcony railing heights are not retrospective.
What this means is that there is no obligation for the Owners Corporation to increase the balcony height, as the building was compliant when it was originally built.
However if the Owners Corporation are repairing or making alterations to the railings, it is recommended to increase the heights of the balcony as they have an obligation for safety.'

We have a person on the EC who is a bit of a worrier. I told her that if there was an expectation that every old block in Sydney with non compliant railings had to replace them, I would start a balcony railing business. The strata manager running the meeting said he would join me.

 

But what if someone fell off?

 

A good example is the new regs for window locks in units - the windows complied when built but occupants insist on having furniture eg beds or chairs or tables near windows, kids climb them and fall out.

Is it better to have a non-compliant building (and be aware of it) or piece of mind?

 

I'm surprised there are not people falling off buildings everywhere.
The window lock compliance date was around now, I think. Most blocks in NSW would have done that because it's pretty cheap - around $50 per window from memory.
I wonder if there will ever be a mandate made for railings? There would be tears with the Special Levies.

 

If a kid fell off the balcony, or anyone for that matter, they or their estate would sue both the owner and the body corporate. If the balcony met standards when it was installed, but is known to be dangerous there would be a good case for negligence.

Make sure the insurance would cover this.

 

The window lock thing happened because there were falls from windows every year by young kids. I think there was another one a few weeks ago in Sydney. Might take that sort of thing for attention to turn to railings. Of course, furniture on balconies will always be a problem.

 

Balcony falls:

Linky
Linky 2

 

As I understand it the Committee was told by the strata manager at the time that the repair of the balconies would both need to comply with the current BC and that that would then change the look of the building and therefore the rest of the balconies would need to be changed as well.

Not being experts on numerous things, including the Act (as with most Committees), the decision was made to update all the balconies, at a cost of about 42k (except of course for 1 ground floor owner that decided they liked their current monkey-spew yellow colourbond boundary around their patio...)

Anyway, our building looks fine (except for said owners lot, who has since sold up...), so let's hope that sleeping dogs stay snoozing...

 

Yep. I'm guessing any work done to a balcony should trigger a requirement to bring them up to the new code.