NSW Retirement Village - comply with new regulations?

[Lou Mechel]

Retirement Village houses were built to the current Regulation at the time of construction and approved. 10 years later the Regulations were changed and the Council and Village Management
is forcing the resident home owners to modify theirs houses to comply with the new Regulation, for substantial cost. Is this legal and has the Council the right to do that ?
Yours faithfully
Lou Mechel

 

[Docupedia]

In basic terms, if something was compliant when it was built then it doesn’t have to be changed at a later date. Like most things in law, there are exceptions. For example, if modifications are made then often there can be an attached requirement to update to current compliance as a condition of the approval to make the modifications.

What may be relevant here is the nature of the building. Retirement villages likely need some form of government accreditation or registration to retain their status, and that isn’t likely to last forever. A condition of renewing that status may be the modifications you’re referring to. I’d suggest investigating that to see if it‘s relevant. If so, then the Council and the management have no power to reject the requirement.

 

[Lou Mechel]

Yes, the Village Management has to obtain the new Licence to Operate and that's the reason why forcing the residents to modify theirs house to comply with the new Regulations. The question remains who is obliged to pay for it. We have purchased our houses complying with the Regulations and we are paying monthly (fat) rent to the Management. Therefore this issue should be the Management's problem and should cover the cost of the modifications ?
Please advise - thank you
Lou Mechel

 

[Docupedia]

I can't answer that. I suggest you could start reading here: Replacements, repairs and alterations