Who owns the roof space of strata unit block?

Discussion in 'Property Management' started by Daydreamer, 15th Dec, 2016.

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  1. Daydreamer

    Daydreamer Well-Known Member

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    I have an IP that is a top floor unit in a small block of 9 units (circa 1970s strata) in Sydney.
    There are 3 units per floor & it has a tiled, pitched roof.

    Who owns the roof space immediately above the top floor units?
    I think one of the owners of the other units may be wanting to use it for storage purpose... I don't think there is enough space for an attic style conversion (although it would really make it an interesting proposition if this was possible). Since the other units (that are not on the top floor) do not have useful access to this roof space, I would think that it would be of no use for them.

    Thanks for sharing insights, direct experience, or pointers to any precedence/rules regarding this.
     
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  2. datto

    datto Well-Known Member

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    I always thought the cockroaches owned the roof space, along with the area behind the fridge and of course under the sink.

    It has to be common property would be my serious guess.
     
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  3. DaveM

    DaveM Well-Known Member

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    Owners corporation owns it unless it forms part of your lot
     
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  4. D.T.

    D.T. Specialist Property Manager Business Member

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    Need to check the strata plan but generally you'll own within the confines of your 4 walls. The roof space will likely belong to body corp. Any utility piping in it is a different story.
     
  5. Daydreamer

    Daydreamer Well-Known Member

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    Thanks guys. That is what I would have thought too. I wanted to ask because the body corp have put this as a point for discussion on the agenda for upcoming strata AGM - so presumably there is some confusion here or it is up for negotiation ?

    If it is made available, would anyone think it is worth purchasing the roof space from the owner's corp?
     
  6. JacM

    JacM VIC Buyer's Agent - Melbourne, Geelong, Ballarat Business Member

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    If it is on the agenda for discussion, it might be the case that someone has requested private use of the space via a license agreement with the body corporate...
     
  7. Marg4000

    Marg4000 Well-Known Member

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    If the roof space is available to top floor unit owners, maybe firewall separation would be needed?
    Marg
     
  8. Ted Varrick

    Ted Varrick Well-Known Member

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    Roof space is common property.

    So appropriating it without OC permission would be bad form when brought up at the next AGM.

    @Daydreamer, tell the other owner they can use it as storage space at a commercial rate of rent to the Owners Corporation payable monthly in advance....

    Any insurance and outgoings would be their concern given the rental would be of a commercial nature....
     
  9. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    If someone was willing to give it to you at a good rate it could be awesome depending on the amount of space up there but you don't want to own the roof - you want the BC to keep control of that and all it's maintenance.
     
  10. Ted Varrick

    Ted Varrick Well-Known Member

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    Westminster is on the money here, assuming that the roof space is rented at a good rate, is not free of insulation, you dont want to store a few pallets of butter in it, and you dont live in the flat below...

    Otherwise, well, you know...