Insurance In Construction - Are You Really Covered?

Construction entails many risks to a builder by virtue of its occupation, control and/or ownership of the site. The risks include personal injury or death to persons and damage or destruction of property (including the contract works itself).

Cleaning House: What can Owners Corporations do about Unwanted items on Common Property?

Owners corporations and their strata managing agents have been struggling for years to find effective solutions to this issue. While this is a difficult area, there are some options.

Important Tax Update: New Draft Ruling for Strata Schemes

The ATO has recently clarified its position regarding a number of income tax issues pertaining to bodies corporate constituted under strata title legislation, withdrawing Taxation Ruling IT 2505 and issuing a new draft ruling TR 2015/D1. The ATO is considering submissions in relation to the draft ruling and changes are possible.

Safety Reports In Strata Schemes And Occupiers Liability

Regrettably, it is common for people to sustain injuries while on the common property of strata buildings and those injuries frequently lead to personal injury claims.

Owners Corporation's Duty to Ensure Safety of the Common Property

It is the responsibility of an owners corporation to ensure that common property is reasonably safe to users. This responsibility can be three dimensional and often with a degree of overlap.

What Can You Do When The Developer Retains Control Of Your Strata Building?

Despite legislative restrictions on developers retaining control of new apartment buildings, developers are coming up with new ways to continue their control after completion.

What To Do When Neighbours Want Access To Your Land

Owners corporations and other property owners are often asked by the owner of an adjoining property, usually a developer, to allow access to their land. This can be temporary or permanent and can be for a variety of reasons, e.g. movement of workers, vehicles and/or materials to carry out works on the adjoining property, operation of a crane over the property to facilitate works on the adjoining property or running services and/or storm water under the property. Temporary access is generally granted by way of a licence, while permanent arrangements generally involve an easement. In either case, there are many complex legal and practical issues for an owner to resolve, about which legal advice is generally required and best obtained sooner rather than later.

Fact Sheet - Swimming Pool Laws

The Swimming Pools Act 1992 (“Act”) has been amended to impose additional requirements on pool owners. Key points:

Annual Fire Safety Statements: What Are They Good For? Sometimes, Absolutely Nothing!

Building owners will be familiar with the legal requirement to lodge a fire safety statement with the local council and fire brigade every year. This requirement is set out in the Environmental Planning & Assessment Regulation 2000 (Regulation).

Fire Safety Upgrade Orders

Council, or other consent authority, has the power to issue orders to the owner of a building requiring them to do such things as are necessary to promote adequate fire safety in the building under section 121B of the Environmental Planning and Assessment Act 1979 (NSW).

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