legal obligations re verandahs

[mcd]

Hi we just bought a 30 year old 2 storey IP. I been told that the verandah wooden railings do not meet current building standards as the gaps are too wide. We were planning to do something about it ASAP. The tenants asked if they can staple shade cloth along the railings to block the gaps.

Any idea re our legal obligations. Can we let the tenants do it?

Any advice will be appreciated

thanks
MCD

 

[marg4000]

I would recommend that you have the railings fixed properly immediately.
Marg

 

[cadence]

so the tenant can fix it for now but if his mate comes onto the verandah and it collapses, you will still be liable at least in part as you are the owner and ultimately responsible for the verandah

if you are going to let the tenant do the work you have to ask them to indemnify you for all loss and damage arising from any incident relating to hte verandah ... i doubt the tenant would be prepared to sign anything like that ...... so for peace of mind, i would attend to it myself .........

 

[craigb]

THe old varandah's need 100mm spaces beetween , and they need to be 1 meter high, to prevent falls. the old rule was 900mm .

Stainless steel cable requires 80mm between , at intervals of 1.2 meter spreaders , they are weighted and tested for their strain.

steps, the gap from the bottom rail to the riser/going need be " i think " 125mm sphere, size or smaller .

There is a great book available from bunnings that explains all of this . for $39 very good value. and yes its your responsability to make sure every aspect of the property is to code. other wise any insurance claims will be voided, dispite if the fool falls from the balcony drunk.

 

[wylie]

I've always thought it bizarre that stainless steel wire ballustrades are legal. I heard you can have this style up to three storeys high or something like that but they are just ladders for small children.

Does anybody understand why they are allowed on even a first floor balcony?

 

[Propertunity]

THe old varandah's need 100mm spaces beetween , and they need to be 1 meter high, to prevent falls. the old rule was 900mm .

Stainless steel cable requires 80mm between , at intervals of 1.2 meter spreaders , they are weighted and tested for their strain.

steps, the gap from the bottom rail to the riser/going need be " i think " 125mm sphere, size or smaller .

There is a great book available from bunnings that explains all of this . for $39 very good value. and yes its your responsability to make sure every aspect of the property is to code. other wise any insurance claims will be voided, dispite if the fool falls from the balcony drunk.

Thanks for that craig,
Just to expand on the OPs original Q. If a building was up to code 30 years ago and now the code has changed (obviously), is it a legal requirement to bring the old building up to the current day code before it is rented out? or is it OK to leave it?
I'm not talking here about defective materials as jigglypuff is alluding to. The structure may be solid and in good repair, just not compliant with the current day code.

 

[mcd]

Thanks for the feedback

 

[craigb]

To answer the "Q". its a funny subject, a very grey area, its against the building codes for me to build a balcony "lets say" 900mm in height, but not against the law.
Its more of a responsability thing, that is backed up by the insurance companys in their little phrases on most insurance documents.

its the home owners responsability to ensure that all "health & safety" regulations are up to code .But failing to do this would not put you in jail. Unless somone was to fall off the balcony,break there neck and your insurance did not pay for the damages, and so they persued you, and you could not make good with a few million.
It could be a weak keystone to years of ip investing. As some folks could see it as an easy cash cow , if they know you have three propertys, and as some tennents are scum and want to take you for the lot.

But, if every thing was to comply to current codes then you have done your best, and upheld the "helth & safty" side of things.

Does that help you??

 

[Sheryn]

I believe you have a Duty of Care to your tenants to provide a safe IP as you will receive money from them via rent.

If something happended and /or an injury occurred and it was found you knew about this then negligence can be proved.


Fixing this problem IMHO will reduce our stress level and is most likely reclaimable on tax.



Regards
Sheryn