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Penthouse airspace ownership

Discussion in 'Renovation & Home Improvement' started by ATANG, 25th Apr, 2016.

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  1. ATANG

    ATANG Well-Known Member

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    Does anyone know whether penthouse owners have rights to the airspace above the unit? For example can the owner extend further up or that's body corporate matter?
     
  2. Xenia

    Xenia Best Adelaide Property Manager Business Member

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  3. Plutus

    Plutus Well-Known Member

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    No, you own the specific lot for your penthouse + the carpark(s) and have access to use the common areas, you don't own that entire piece of the structure or have a right to make modifications to it. The roof isn't your exclusive property/part of your lot either.. Otherwise it would be bloody great for everyone else that whenever there was a roof problem it was up to the penthouse owner to deal with it.
     
  4. Big Will

    Big Will Well-Known Member

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    No you own the inside of the unit not the outside any changes to the structure requires approval from the owners corp.

    Same as a unit 1/2 down wanting to extend their balcony it needs to be approved.

    Both of them will be highly unlikely to be approved as it changes the façade of the development.
     
  5. ATANG

    ATANG Well-Known Member

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    What about can you have a say to what goes above your unit roof? What if they put like 10 air con units above your bedroom?
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Provided there is adequate separation from noise and vibration you won't have much say in the matter.
     
  7. Chilliblue

    Chilliblue Well-Known Member

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    The roof weight loading would be a greater consideration
     
  8. RPI

    RPI Property Lawyer, Town Planner Business Member

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    I have done this multiple times for clients, as well as incorporating basements onto title, extending exclusive use areas etc.
    Body corporate owns it - they will usually want some motivation (eg money) sometimes this gets spread among the other owners (typically in smaller complexes), sometimes it plugs a hole in a sinking fund, other times might be a new pool or community facility upgrade.
    Need to get a planner to check (often Council will sign of as a generally in accordance with a DA or permissible change),a new survey plan, a new community management statement, change to titles at office. I would allow$2,.5k for planning and council fees, $3k for legals and titles fees, $2.5-$5k for survey plus whatever the motivation money for the BC.
     
  9. ATANG

    ATANG Well-Known Member

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    You mean to claim the ownership of the roof top and airspace?
     
  10. RPI

    RPI Property Lawyer, Town Planner Business Member

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    Rooftop yes. To do the airspace would be possible, it is how much you are prepared to pay to get it across the line. That will need a unanimous vote at BC also. Money will not always win
     
  11. wylie

    wylie Moderator Staff Member

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    Wouldn't it be pointless to buy airspace if you weren't planning on adding another level?

    I've heard of people adding a level to a top storey unit. I'm guessing it needs BC approval, engineering sign-off, plans sign-off from the BC and, of course, a fair bit of money to actually do the extension.

    My SIL has a unit where the owner before her did just this. Upstairs is a kind of rumpus room. It could be used as another large bedroom, or pool room. It doesn't flow that well, probably because it is an add-on and wasn't well thought out. With some tweaking it could be made into a main bedroom, WIR and ensuite, but now it just looks sort of an afterthought.
     
  12. ATANG

    ATANG Well-Known Member

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    Oh, so you do own the rooftop?
     
  13. RPI

    RPI Property Lawyer, Town Planner Business Member

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    No you don't own the rooftop. But it is usually cheaper to gain ownership of the rooftop than it is of the airspace. Rooftop = 1 level, airspace is as many levels as the planning scheme allows.
     
  14. hobo

    hobo Well-Known Member

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    @RPI - I assume that once an owner gains ownership of the rooftop (say, above their top floor unit) they also become solely responsible for maintenance etc of that space?
     
  15. RPI

    RPI Property Lawyer, Town Planner Business Member

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    if it is ownership yes. If it is exclusive use area it depends on the community management statement
     
  16. The Y-man

    The Y-man Moderator Staff Member

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    Vicinity has just sold the airspace above the Glen.

    Vicinity sells air rights above The Glen mall to Jeff Xu's Golden Age

    Vicinity Centres is eyeing up the potential sale of residential air rights above other malls in its $15 billion portfolio, after selling the rights to develop 500 apartments above The Glen shopping centre in Melbourne's south-east to Jeff Xu's Golden Age Group.

    Chief executive Angus McNaughton told The Australian Financial Review the group was "selectively and cautiously" looking at other opportunities in its portfolio where they fitted in within the long-term master plan for the respective centre.

    In the case of The Glen, a 59,000-square-metre mall which Vicinity co-owns with the Perron Group, Mr McNaughton said the development of apartments above the mall would significantly increase foot traffic and add vibrancy to the new town centre, which will emerge as part of a $490 million redevelopment of the centre.


    The Y-man
     
  17. wylie

    wylie Moderator Staff Member

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    We know of a chap who bought the house downhill from his very expensive house with city views. If the downhill neighbour raised the house, the views would be lost for the higher house.

    He then bought the air rights over the existing house and resold it.

    A mutual friend who lives behind us and has always worried we will add a level, offered (in a sort of jokey way) to buy the air rights over our land to protect his view, but we've never gone into it (and wouldn't).
     
  18. Jaggannath

    Jaggannath Well-Known Member

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    I was about to bring up a number of cases I recall reading about (some on Somersoft) of people buying air rights above properties to preserve their views