Apartment Alterations

BUILDING WORKS

26.1        A proprietor of a lot must not undertake any building works within or about or relating to a lot or on or to common property including without limiting the generality of the forgoing the removal of walls between lots or the installation of cages in storage areas which affect the external appearance of the Building or any of the common property or which affect the Building structure or services or the fire or acoustic ratings of any component of the Building except in accordance with the following requirements:

(a)            such building works may only be undertaken after all requisite permits, approvals and consents under all    relevant laws have been obtained and copies given to the Owners Corporation Manager, and then strictly in accordance with those permits approvals and consents and any conditions thereof and;

(b)            the Proprietor of a lot must at all times ensure that such works are undertaken in a reasonable manner so as to minimise any nuisance, annoyance, disturbance and inconvenience from building operations to other Proprietors;

(c)            in the case of construction of a storage unit within a lot the works must comply with the standard storage until details as approved by the Owners Corporation.

26.2        The Proprietor of a lot must not proceed with any such works until the Proprietor:

(a)            submits to the Owners Corporation plans and specifications of any works proposed by the Proprietor;

(b)            supplies to the Owners Corporation such further particulars of those proposed  works as the Owners Corporation may request, and as shall be reasonable to enable the Owners Corporation to be reasonably satisfied that those proposed works accord with the reasonable aesthetic and orderly development of the Building, do not endanger the Building and are compatible with the overall services to the Building and the individual floors;

(c)             receives written approval for those works from the Owners Corporation, such approval not to be unreasonably or capriciously withheld but which may be given subject to the condition that the reasonable costs of the Owners Corporation (which cost may include the costs of a building practitioner engaged by the Owners Corporation to consider such plans and considerations) of giving such consent including any additional costs incurred by the Owners Corporation in respect of extra work required to be undertaken by the Owners Corporation Manager and the legal costs relating to the preparation of a Building Works Agreement if the Owners Corporation considers such an Agreement to be necessary are to be paid by the Proprietor and such approval shall not be effective until such costs have been paid; and

(d)            Pays such reasonable costs to the Owners Corporation.

26.3        The Proprietor of a lot must ensure that the Proprietor and the Proprietor’s servants agents and contractors undertaking such works comply with the proper and reasonable directions of the Owners Corporation concerning the method of building operations, means of access, use of the common property, on-site management and building protection and hours of work (and the main Building entrance and foyer must not be used for the purposes of taking building materials or building workmen to and from the relevant lot unless the Owners Corporation gives written consent to do so) and that such servants and agents and contractors are supervised in the carrying out of such works so as to minimise any damage to or dirtying of the common property and the services therein.

26.4        Without limiting the generality of the foregoing, the Proprietor of a lot must not use hammer drills or jack hammers in a lot on weekends or public holidays or between the hours of 4pm to 9am on weekdays. Without limiting the generality of rule 26.3 the Proprietor of a lot must ensure that the Proprietor and the Proprietor’s servant’s agents and contractors undertaking such works observe the following restrictions in respect of the works:

(a)            building materials must not be stacked or stored in the front,  side or rear of the Building.

(b)            scaffolding must not be erected on the common property or the exterior of the Building;

(c)             construction work must comply with all laws of the relevant Government Agencies;

(d)            the exterior and the common property of the Building must at all times be maintained in a clean, tidy and safe state;

(e)           Construction vehicles and construction worker’s vehicles must not be brought into, or parked in, the common property;

(f)             hammer drills or jack hammers must not be used on weekends or public holidays or between the  hours 4pm to 9am on weekdays.

26.5        Before any of the Proprietor’s works commence the Proprietor must:

(a)            cause to be effected and maintained during the period of the building works, a contractor’s all risk insurance policy to the satisfaction of the Owners Corporation; and

(b)            deliver a copy of the policy and certificate of currency in respect of the policy to the Owners Corporation.

26.6        Access shall not be available to other lots on the Plan or the common property on the Plan for the installation and maintenance of services and associated building works without the consent or licence of the Proprietor of the relevant lot or the Owners Corporation in the case of the common property.

26.7        The Proprietor of a lot shall immediately make good all damage to, and dirtying of, the Building, the common property, the services thereof or any fixtures fittings and finishes which are causedby such works.

If the Proprietor fails to immediately do so the Owners Corporation may in its absolute discretion (or if the Proprietor fails to do so within a reasonable period of time) make good the damage and dirtying and in the event the Proprietor shall indemnify and keep indemnified the Owners Corporation against all costs or liabilities incurred by the Owners Corporation in so making good the damage or dirtying.