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VIC Fire Hydrants in Front of Purchased Apartment - Cancel or Seek Compensation?

Discussion in 'Property Law Forum' started by Paul Mitchell, 11 August 2015.

  1. Paul Mitchell

    Paul Mitchell Member

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    My daughter has purchased an apartment off the plan. They are now completed and the vendor has placed 4 large red fire hydrants in the front yard of apartment block unbeknownst to the buyer. Not on any diagrams of the pending apartments etc. No mention in the contract.

    Wondering if she has any grounds to cancel transaction or compensation under property law?
     
  2. Tim W

    Tim W Lawyer

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    If the apartments have a sprinkler system installed
    (such as the kind with sprinkler heads mounted on the ceiling in each room of a unit)
    then the hydrants are probably part of the booster system.
    If that's so, then they are mandatory - and yes, they have to be both physically close to the mains supply,
    and positioned so as to be readily accessible to the fire services.

    If the hydrants are on the common property (in a strata) or on Lot 1 (in a community title),
    then your daughter has little option. They are there because they have to be there.

    Does your daughter's flat over look them?
     
  3. Paul Mitchell

    Paul Mitchell Member

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    Thanks Tim for the reply. I guess this is one of the pitfalls with buying off the plan. Maybe I should use this as a warning for others buying off the plan. These are the apartments. The hydrants are nearly on the footpath with no fence,barrier or anything in front of them..Vandals welcome. Thanks again
     

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