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VIC Consequences of Leaving Body Corporate?

Discussion in 'Property Law Forum' started by Craig T, 1 October 2016.

  1. Craig T

    Craig T Member

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    Hi,

    I've got a unit in Victoria, which, with some re-designing, I could have a crossover directly from the road. This will mean I could leave the Body Corporation.

    Good News:

    Legally, our research (from land surveyor and our own reading of the act);

    Land Surveyor Advice: Plan of Subdivision under Section 32 of the Act to re-subdivide Lot 8 into Lots 9 & 10.

    *This does not require the consent of the Body Corporate, if you are Building within 7.62m above the ground, or 1.22m below the ground.

    Bad News:

    None of the building surveyors, drafters or architects I've spoken to want me to go down this path and simply put it in the "too hard basket".

    Question:

    Why do I feel like the first person to ever try this? Has anyone every done this before?

    Cheers,
     
  2. Rod

    Rod Well-Known Member

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    What about shared services crossing common land (water, electricity, gas, telephone, sewerage and storm water)? Are you prepared to rerun all these services or create easements, which may require permission from the BC?
     
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  3. Craig T

    Craig T Member

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    Thank you! That's exactly the guidance I needed. I've since learnt that our water and sewerage runs thorough my property. So we will change direction now.

    Cheers
     
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