Flat Chat Forum Buying and Selling Current Page

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  • #10772

    Hi everyone,

    I’m new to Flat Chat and I created an account so I can post this question.

    I have just inspected an apartment that has 4 bedrooms, but the floor plan does not show the fourth bedroom. This is a split level apartment, the fourth bedroom is on the second floor.

    The strata plan that is attached to the contract also does not show the area where the fourth bedroom should be (i.e. it is just blank). It doesn’t show up as part of the lot, but it also isn’t shown as common property – again, that area is just blank.

    Of course, the fourth bedroom is reflected in the purchase price.

    I am concerned that because this fourth bedroom doesn’t show up in the strata plan, this means I won’t actually have ‘title’ to that fourth bedroom. It is kind of like a ‘no man’s land’.

    Would anyone know what would happen to that fourth bedroom?  Who has title to it? And also is it possible to get the strata plan amended to include it as part of my lot.

    Any responses are appreciated even if you may not have the direct answer.

    Thanks!

Viewing 3 replies - 1 through 3 (of 3 total)
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  • #25906
    Lady Penelope
    Strataguru

    I agree with scotlandx and Jimmy T.

    One explanation may be that the 4th bedroom was created from a void such as a mezzanine within a pitched roof or within a high ceiling within the Lot. It could also have been created by the dividing of a larger room within the Lot.

    First you would need to establish if the 4th bedroom is contained within the thick black line of the Lot boundary of the strata plan.

    I would definitely ask questions of the current owner about this room i.e. when and how it was created, was it created legally etc. Don’t take their word for it however.

    I would also undertake a thorough check of the strata scheme records to try and discover if a renovation has occurred, the extent of the renovation, and whether it was approved in accordance with any by-laws or DAs.

    This document may of some assistance: 

    https://rgdirections.lpi.nsw.gov.au/__data/assets/pdf_file/0005/143078/Strata_Plans_Fast_Facts.pdf

    You could ask your Solicitor to include a condition in the Contract that enables you to cancel the Contract without penalty if you are not satisfied with the outcome of your investigations about this bedroom within a certain time frame, such as 10 or 15 working days.

    #25905
    Jimmy-T
    Keymaster

    100 percent behind Scottie on this one.  I would bet anything it’s an extension that’s been added on a nod and a wink.  Find the paper trail of special resolutions and approvals, and follow it.  If it doesn’t exist, be very,very wary. At the very least make sure your mystery room can’t disappear in a puff of belated compliance.

    #25904
    scotlandx
    Strataguru

    This is an issue on which you should seek specialist legal advice.  Do not enter into any contract of this nature without legal advice.

    It is often noted that the purchase of a property is the biggest financial commitment most people make, but strangely they don’t get advice before proceeding.  Make sure you protect your interests.

Viewing 3 replies - 1 through 3 (of 3 total)
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