Strata lot size (Qld)

Discussion in 'Legal Issues' started by dclayw, 5th Oct, 2016.

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  1. dclayw

    dclayw Member

    5th Oct, 2016
    I'll be settling on an OTP apartment in Brisbane some time in December. This will be my PPOR.

    One area I'm concerned about is the final size of the apartment compared to what is actually in the disclosure documents that I received when I signed the contract (some 18 months ago now).

    As part of the registration process for the final plans, is it mandatory that the developer have each individual lot surveyed, so that accurate square meterage is shown on the registered plans? Or is that something that I really should get done myself, as a part of the pre-settlement inspection?

    The contract has a shrinkage clause (+/- 5%) and I'm concerned that it may actually be more then 5% smaller. I have actually been inside the apartment a few times during construction (making sure variations were OK) and checked a few measurements while I was there. Pretty sure it's going to be more then 5% smaller.

    I have also been trying to find out what method is used when measuring lot sizes in QLD. The standard approach is that all internal walls are counted, external walls with no common boundary are counted, and external walls that share a boundary (either with another lot or common property) are counted as 1/2. I cannot find the official (legislated) method that must be used in QLD. Anyone know where I can find this info.

    With the likely (and expected) fall in apartment prices in Brisbane I certainly don't want to be paying for square meterage I'm not getting. I can live with 5% smaller, but more then that and I would be looking for compensation, as per the contract.

    Many thanks
  2. JDM

    JDM Property & Conveyancing Lawyer Business Member

    19th Jan, 2016
    The developer must have the lots surveyed and the measurements shown on the registered survey plan will reflect the results of the final survey. It is quite rare for there to be a variation greater than 5%.

    Which development are you buying in? I also have a PPOR off the plan unit I expect to settle in December.
  3. Matthew Savage

    Matthew Savage Well-Known Member

    10th Nov, 2015
    Brisbane, QLD
    In QLD (in a building format plan) your lot will be measured on ground floor area - nothing really to do with walls. If your balcony or car space are on title, they will be included too at their full dimensions.