Body Corporates and their right to access…

A body corporate was in the process of applying for their building warrant of fitness. As part of this process they needed to carry out testing of the fire prevention systems in the building, which included the fire alarms.

Having an up-to-date building warrant of fitness was a Council requirement for their building, as well as being required under the terms of their insurance policy.

Unfortunately, one of the owners declined to provide access to the body corporate to carry out the testing, which meant the body corporate were unable to obtain their building warrant of fitness and risked losing their insurance cover.

The body corporate sought advice on the legal position.

Section 80 of the Unit Titles Act 2010 provides that the owner of a unit must permit the body corporate (or its agents) to enter the unit at any time in an emergency, and at all reasonable hours (after giving reasonable notice), for any of the following purposes:

1. to view the condition of the unit for the purpose of ascertaining compliance with the principal unit owners’ or occupiers’ obligations under this Act:
2. to maintain, repair, or renew any infrastructure for services and utilities that serve more than 1 unit and any building elements that affect more than 1 unit or the common property, or both:
3. to maintain, repair, or renew any common property: and
4. to ensure the body corporate operational rules are being complied with.

In addition, an owner must not do anything that breaches or in any way undermines any policy of insurance in the name of the body corporate.

Accordingly, the body corporate is entitled to enter a unit to test the fire alarms (as the alarms serve more than 1 unit), if they have given reasonable notice to the owner.

If an owner continues to decline access, the Body Corporate can apply to the Tenancy Tribunal for an order to allow access and potentially seek costs against the owner. We also recommend that the body corporate notifies their insurance company of the issue.

It can be helpful to set out the body corporate’s expectations of owners in the body corporate rules to ensure that owners are aware of their obligations under the legislation.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.