LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Property Law - Building Company Erecting Scaffolding on My Property?

Discussion in 'Property Law Forum' started by Raymond, 12 March 2016.

  1. Raymond

    Raymond Member

    Joined:
    12 March 2016
    Messages:
    3
    Likes Received:
    0
    Can a remedial building company erect scaffolding on my private parking space in my block of units without my consent under Property Law?
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,723
    Likes Received:
    405
    Depends.

    Is the parking space part of your lot, or simply a part of the common property set aside for your use?

    Look at the Owners Corporation Rules - you may find that it's permitted where doing so is necessary to allow work to be done on the common property - especially if the encroachment is both urgent and temporary.

    Bear in mind also that if you are a tenant, then your landlord may have consented without telling you.
     
  3. Raymond

    Raymond Member

    Joined:
    12 March 2016
    Messages:
    3
    Likes Received:
    0
    The parking space has my unit number on it and says private parking. How can I get a copy of the owners corporation rules? And if the owner has consented without telling me does that mean I can't park there and should I be compensated for having to park elsewhere?
     
  4. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,723
    Likes Received:
    405
    Ask your landlord, or the managing agent about seeing the Rules.

    Have a look at your lease and see what it says about access to make repairs
    (bear in mind that the language may distinguish between "new" capital works,
    programmed maintenance (eg painting), "handyman" type work, and bona fide emergency repairs).

    Going only by what you have told us so far, missing facts missing
    and unstated ifs buts and maybes not allowed for,
    I don't see how you can claim compensation for mere temporary inconvenience
    arising from work on the common property that is both urgent and necessary.

    That said, you may be able to negotiate something directly with the landlord or the agent
    as a matter of good will.
    For example, you could ask them about temporary exclusive use
    of what would usually be a visitor parking space.
    In the alternative, you might ask about a period of "rent credit" for the loss of use of the space.
    I don't see you getting any kind of cash.
     

Share This Page

Loading...