This question about fire safety regulations and standards has been answered by Tony Johnson, Stratarama.
Question: My building inspection revealed that a party wall is lacking in the ceiling space between my unit and the neighbouring unit. According to my building inspector, this is not up to current fire safety regulations and standards.
I have recently moved into a block of units in SA and have two Questions:
My building inspection revealed that a party wall is lacking in the ceiling space between my unit and the neighbouring unit. According to my building inspector, this is not up to current fire safety regulations and standards.
I asked this to be repaired and was essentially ‘fobbed off’ by the strata employee who simply said: “no buildings of this age are up to regulation standards”. I was concerned about liability issues so I made direct inquiries with the Strata with insurance providers.
They confirmed that in the event of fire damage spreading from one unit to another, given we are aware of the lack of the regulation party wall, we may not be insured.
Does confirmation of this as a liability issue legally require the party wall to be installed with Strata funds or will I have to pay for it myself?
Answer: It would be in the groups best interests to seek the opinion of the Master Builders Association to clarify whether the building should be brought up to today’s Building Regulations.
Thank you for your queries in relation to maintenance and regulation standards.
A definitive response on whether or not your Insurer will cover the group in relation to a claim resulting from Fire would be a question to direct at your specific Insurer, and I would propose that you ask them to commit to their response in writing. The insurer will likely have a strong idea of how this building will be built based on the age of the site, however it is always best to ensure that they are familiar with the site and have these sort of details on record so that they can clearly define for your group any personal risk or possible denial of claims, and can include this in their quotation process. There is a responsibility incumbent on the group to ensure that the Strata takes reasonable steps protects all of its Members.
Specifically, you have asked about the responsibility of the Firewall. Firewalls would be the responsibility of the Strata to maintain (when in place). Due to the age of the site, there was likely no requirement at the time, to erect these (or if erected, not to today’s standards). When coming to the erection of a new wall (retrofitting), this would be something to be placed on an Agenda for an AGM or EGM of the group. Members will then need to discuss whether to erect these walls and the costs associated with the same.
I believe that it would be in the groups best interests to seek the opinion of the Master Builders Association (or similar) to clarify whether the building (and/ or what components) should be brought up to today’s Building Regulations.
Tony Johnson
Stratarama
E: [email protected]
P: 08 8276 0426
This post appears in Strata News #207.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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OK, thanks Tony. Much appreciated.
Hi Kerry
I assume you are in SA. If so, I am so pleased that someone else in SA is a member of this group and I would really like to communicate directly with you. Perhaps this could be facilitated by Nickki. As you are aware, there appears to be a dearth of membership and therefore sharing of information about SA strata problems.
Hi Diane,
I could be wrong but fairly certain Kerry is in / from NSW, hence her question about the rules regarding this matte in NSW.
In a retirement village, 2 units attached to each other with a double brick wall. The double brick wall does not continue above the wall.
If my smoke alarm goes off the unit next door does as well.
Some of the residents are very deaf and may not know what is happening. Built 2004, what would be the regulations now?
How do I go about installtion of a firewall in 2 units I own and is it compulsory to have this in place
Hi Maggie,
My dealings rest with Strata Management I am afraid and I am not personally in the Retirement Village space.
Your question though is more around the Fire wall components of regulations.
Whist I can tell you that there is no retrospective requiremen t to install a firewall in the roof Cavity for buildings where the code did not require it (unless other works are being undertaken). I can not tell you whether your particular building was code compliant at the time of construction.
I would encourage you to contact either a Fire Engineer, or at an earlier stage perhaps a Building company or Fire Contractor to offer some advice pertaining to your particular building, and its age, as to whether it was compliant at the time and in any event what works could be done retrospectively.
Hi Tony,
You wrote above that “there is no retrospective requirement to install a firewall in the roof Cavity for buildings where the code did not require it (unless other works are being undertaken)”.
Do you know if that applies to NSW? If so, do you know where I could find it officially documented?
Regards,
Kerry
Hi Kerry, Im afraid Im not familiar with interstate (nsw) legislation at all, however as per my comment above, I’d be seeking advice from either a Fire Engineer, or at an earlier stage perhaps a Building company or Fire Contractor to offer some advice pertaining to your particular building, and its age, as to whether it was compliant at the time and in any event what works could be done retrospectively