Plant rooms annexed for living space - QLD | Common Property | Flat Chat Forum

This item would be under the Queensland Law or Legislation ???

Have an issue where plant rooms are in the roof areas of 2 adjoining Units. These plant rooms have been used for habitable living. The local council was notified. They issued breach notices to the owners concerned on the property.

The problem is: Other owners have no access to the plant rooms as they are located in the roof areas within these entitlements.

Owners do not know if these particular owners are once again reusing for habitable living. If this is the case, another breach would be created on the property.

1. Are plant rooms common property or permitted to be part of an entitlement ? 

2. The BUP format shows EACH top unit total floor area being approx. 218m2

This does not include the plant rooms within the unit above. The 2 plant rooms each measure approx, 24m2. If owned by the top unit owner, should it show on the BUP as 242m2, not 218m2 and include a Marked area on the BUP.??? There is no area showing on the BUP for these rooms for the top units.

These 2 top units make up the Full Floor Space above 4 units below.

An example: the 2 units directly below one of the top units measure approx. 207m2 this does not include the stairwell measuring approx.9.5m2 making the Total floor level 216.5m2  This is closer to the top unit size, more in than out.

How can an owner make certain of this ? being common property or owned.

Have a problem, when the local council notified the top unit owners, this gave them adequate time to remove all the furniture from the units involved in the breaches. This would be the case once again if an owner made a complaint to local council.

Any help would be appreciated.