Shed on the balcony

Hello everyone,
Can any expertise or Strata manager give me advice?

Two years ago I bought a property, there was an Aluminium Shed on the Balcony. Yesterday I received an email from the strata that the shed need to be removed.

The shed was on the floor plan when I bought from the previous owner. I actually paid part of the contract for the shed. We are on level 8. It can’t be seen by the pedestrians. It has been there for a few years. The previous owner built it up and we kept it for two years.

The Strata mentioned that if I want to keep it, I need to submit a Retrospective Application and an Engineer’s report. Does anyone know the process and how to write a proper application?

 

Just how big is this balcony exactly...or just how small is this shed going to be?

 

The balcony is about 140 square meters and the shed is about 10.8 square meters.
The property is in Sydney.

 

Holy crap that's a big balcony. That's bigger than my whole apartment lol.

 

sounds like a trip to the lawyers to me

if it has been there for two years ( plus ) AND included in the contract , i suspect it would be classed as a fixture/asset to the building

if so does the body corporate have to buy that shed from you and remove in at their cost

i am NOT a big fan of lawyers but would be tempted to consult one on this

cheers

 

Sounds like you must have some sort of rooftop terrace? The floorplan you refer to might be one the sales agents drew up and not to be 'relied on' - is the shed on the strata plan that was included in the contract? What are the strata's concerns around the shed - is it a safety issue, structural issue or is it potentially causing maybe drainage problems etc?

Maybe a pic of the shed and balcony will give us some context.

 

From Strata’s email, it looks like their’s concern is about the safety

 

How is it fixed to the slab/flooring - one good gust of wind and it will be in the street as the terrain category at L8 would be classed as "open terrain" not "built up area" as there would be minimal structures around to slow the wind but may still cause wind tunnel effects.

 

The balcony bigger than our living space

 

Lawyer and Engineer. How do you know that it is built to a standard so that will not fly off in a storm and kill anyone?

 

Great minds think alike

 

Go to your council's website and search Retrospective Application.

 

It’s fixed on the deck by screws. The wind is one reason that possibly causes safety issues.

 

Have you got any proof the shed was actually approved by the OC or council at any point?
(edit - just being there when you bought it won't be enough evidence)
I'm trying to work out if the reports they want you to get are preliminary to getting their approval?

 

This isn't your house is it?

Sold 14/2-4 Lackey Street, Summer Hill NSW 2130 on 21 Feb 2020 - 2016057401 | Domain

 

You can't see water from Summer Hill (Cooks River doesn't count)

 

the outside wasn't painted by someone ( slightly ) famous was it ,

it MIGHT be a national treasure or at least a piece of art

it certainly fails the 'eyesore test' ( IMHO)

but if bolted to the wall , rail or deck , it is a fixture under my understanding of the law

 

According to the Strata, there is no approval for the previous owner. But I can submit an application now. The application process will cost $1000 and the Strata still can deny the application. Or I spend money to remove it. Either way, spend money. Just want to keep it because it’s handy

 

Oh, I was thinking of getting sth with cultural feelings, so paid an artist for the painting.

 

an indigenous person ??

if so a world of options open for you

( i like the painting by the way )