Building Dispute - How A Strata Lawyer Can Help

07 May 2021

Building defects are often a concern for apartment owners. At times issues with the building can lead to big disputes as well.

-         These types of issues pose a health and safety risk and should ideally be dealt with first.

-         It often happens that the problems exist in the building rather than in an individual's apartment; such issues are the shared responsibility of all residents.

-         Never ignore obvious defects with the complex since all homeowners are equally responsible to fix such issues. In fact, they are legally obligated to do so.

-         The key to fixing problems in a strata complex is having sufficient information.

Hence it is vital to gather information on the nature of the defects, costs involved and more. Strata specialist lawyers have the expertise to deal with legal issues in case of a building dispute. They have the right set of skills to help with a wide range of tasks like preparing and reviewing the strata property agreements and also offering advice on building defect claims. 

This article goes on to explain how strata building dispute lawyers can help in case of building disputes. 

Important statistics and facts

  • 17% of the Australian population resides in Strata Title properties.
  • Victoria and ACT have a comparatively higher percentage of people living in Strata properties. 
  • 54% of the Strata Schemes have been registered in the past few years. 
  • A high percentage of the strata residents are the Millennials, Gen Z (range between 20 - 39 years of age) 

How can a Strata lawyer help? 

Strata law works in your favour when it comes to solving the building deets; here are a few tips on how they can help: 

  • They have the ability to resolve strata disputes between homeowners as well as that with the builder. 
  • By-laws play a big role in defining the responsibilities; a Strata lawyercan help draft these laws, execute them and also validate them in case of a dispute.
  • They can help prevent unauthorised work on common property and place blame for defects or building issues in the common property as well. 
  • Review, advise and negotiate on matters of Strata property agreements. 
  • Provide quick resolution for human rights complaints as well as privacy and other disputes. 
  • It often happens that disputes arise with the council as well; this is also something for the expert strata lawyers. 
  • Breach of the rules and regulations as per the Strata by-laws. 
  • They provide vital advice on matters pertaining to building defect claims, making claims against builders, and more. 

Common reasons to hire a Strata title lawyers in Sydney 

The number of strata complexes is on the rise and are used as residential apartments as well as office buildings; there are also those used as multi-purpose buildings. Strata complexes are governed by different laws as those for freestanding homes hence Strata lawyers play a vital role in solving legal issues as listed here: 

  • Property developers need to obey a special set of rules & regulations for Strata complexes. The lawyers have special skills to deal with the legal complications of a strata scheme; this involves assistance in the planning stage, generating awareness on the responsibilities and obligations and more. 
  • Registering a Strata scheme is more complicated than it might appear and involves multiple steps. They can help simplify this process helping you concentrate on other important matters. 
  • Draft the by-laws, custom-designed to assure smooth operation of the complex. They can also modify them and provide assistance in understanding and implementing them.

Strata lawyers play a major role in the resolution of strata and community disputes. It is highly beneficial to contact a strata lawyer in case of a dispute rather than attempt to solve the issue yourself since this can further complicate matters.