VIC Adding Room onto Land on 99-year Lease - Options?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

jbone

Member
30 April 2018
1
0
1
Hi there,

I own a ground floor apartment with a large backyard leased from the body corporate on a 99-year lease. I would like to add a bedroom that would extend into this leased yard. I am on friendly terms with all other owners (total = 5) and the leased yard is not visible to any off them, or from outside the building.

I am thinking that I would need to have rough plans drawn up, then a special resolution from the body corporate would be required with 75% in favour, and then council approval and re-drawing the property plans to include the additional bedroom.

Can anyone give some perspective on how best to begin this process?

Many thanks!
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Seems like you've outlined the necessary steps.

In addition you need to consider the location of underground services, and who has responsibility for which portions. For example, who would have responsibility for maintenance of current outside wall that will become inside wall of the new bedroom? Consider what happens if there is a structural problem and works need to repair what is now inside your additional bedroom. Who pays for reinstatement of your bedroom extension? What happens at end of lease?