Second Storey on Strata Titled Retail Property

[MUR]

We own a strata titled retail shop .
My business is the tenant of the shop.
I am interested in the possibility of adding a second storey to the shop . The shop is part of a strata titled shopping centre.
Does anyone have experience with this kind of project?
The shopping centre already has a second storey in another part of the building, so a precedent has been set.
Because there is no clear delineation on the roof between the separate shops , I am a little worried about how the body corporate may view any building work that we might undertake .
Can anyone help with some ideas?

 

[Player]

Wouldn't the body corporate and the owners it constitutes own the air space above the entire building?.......not only above your own retail shop, but the entire complex that the body corporate represents?

Your precedent may be a plus for you. Is the entire site zoned for such? The addtitional second storey on another part of the building may have been granted under an old planning scheme and continues under a grandfather clause......or may have been done when it was under one title and the original owner (who owned it all) made the additions before a body corporate came into existence when the building became strata. Not saying that this the case.....merely throwing around some ideas.

Ideally you need to (carefully) read the constitution or affiliated document to comprises the body corporate's do's and dont's, and run it past your solicitor; the body corporate itself and; council town planners.

 

[Aaron Sice]

talk to the owners yourself. tell them you want to cement precedent that allows them to be able to add value to their property, and ask them to sign off on your proposal.

how many comm owners would NOT want to add more lettable floor area?

 

[Philip Thomas]

Re Subdivision of Strata Lots

You will need to get Owners Corporation consent to do this as you will be developing & altering common property.

But before you look to the Owners Corporation you need to check with Planning at your local Council to ensure that you can actually do what you propose. If council seem positive you may need to get some planning advice from someone independent to council.

When dealing with Owners Corporation is often best to have a reasonable plan to take to the group so that they can assess how feasible & how much impact your idea will have on them.

Owners Corporation is usually concerned about view, light & air flow loss. Unit entitlement can often change when you make significant changes, so you will need to consider this as well.

Council for commercial properties are usually concerned about floor space ratios.

A structural engineer will also need to check the existing structure to ensure it can take increased load.

The process in not much different to doing an extension or an additional storey on a building. The key difference is that you have to sell your proposal to the Owners Corporation to get their approval & you also have to get Council approval.

The outcome at the end of construction is a “subdivision of the existing lot and common property”.

A Registered Surveyor prepares the new Strata Plan. A Licensed Valuer assesses the valuation change as a result of the new building so the unit entitlement can be adjusted if required. Often if possible its best not to change unit entitlement (this will depend on what State you are in).

You defiantly want something concrete to take to the Owners Corporation. Try & build up support with those that are involved (voting rights) in the strata early on.

The whole process is not too difficult if you have the right people involved early on.

Philip