4.1 A Member or Occupier of a Lot must not undertake any building works within or about
or relating to a Lot except in accordance with the following requirements:
(a) The Member or Occupier of a lot must enter into a ‘Building Works
Agreement’ with the Owners Corporation; this agreement detailing the
conditions to apply with respect to the works to be undertaken i.e. adherence
to the Rules of the Owners Corporation, dilapidation survey (inspection of
area prior to commencement and also at completion of works), accepted
hours for works to be undertaken, working access and also materials access,
use of lifts, indemnifying the Owners Corporation against damage, possible
claims etc which may arise as a result of works undertaken, bond payable
etc., and
(b) such building works may only be undertaken after all requisite permits,
approvals and consents under all relevant laws have been obtained and
copies given to the Manager, and then strictly in accordance with those
permits, approvals and consents and any conditions thereof; and
(c) the Member or Occupier of a Lot must at all times ensure that such works are
undertaken in a reasonable manner so as to minimise any nuisance,
annoyance, disturbance and inconvenience from building operations to other
Members or Occupiers.
4.2 The Member or Occupier of a Lot must not proceed with any such works until the
Member or Occupier:
(a) submits to the Owners Corporation plans and specifications of any works
proposed which affect the external appearance of the Building or any of the
Common Property, or which affect the building structure or services or the fire
or acoustic ratings of any component of the Building; and
(b) supplies to the Owners Corporation such further particulars of those proposed
works as the Owners Corporation may request, and as shall be reasonable to
enable the Owners Corporation and its consultants to be reasonably satisfied
that those proposed works accord with the reasonable aesthetic and orderly
development of the total Building, and do not endanger the Building and are
compatible with the overall services to the Building and the individual floors;
and
(c) receives written approval for those works from the Owners Corporation, such
approval not to be unreasonably or capriciously withheld but which may be
given subject to the condition that the reasonable costs of the Owners
Corporation (which cost may include the costs of a building practitioner and /
or consultants engaged by the Owners Corporation to consider such plans
and specifications) are borne by the Member or Occupier and such approval
shall not be effective until such costs have been paid; and
(d) the Member or Occupier pays such reasonable costs as per clause (c) above
to the Owners Corporation; and
(e) the Member or Occupier pays the nominated bond as determined by the
Committee.
4.3 The Member or Occupier of a Lot must ensure that the Member or Occupier and the
Member’s or Occupier’s servants, agents and contractors undertaking such works,
comply with the proper and reasonable directions of the Owners Corporation
concerning the method of building operations, means of access, use of the Common
Property, on-site management and building protection and hours of work (and that the
main building entrance and lobby must not be used for the purposes of taking building
materials or building workmen to and from the relevant Lot, unless the Owners
Corporation gives written consent to do so) and that such servants, agents and
contractors are supervised in the carrying out of such works, so as to minimise any
damage to or dirtying of the Common Property and the services therein.
4.4 Without limiting the generality of rule 4.3 the Member or Occupier of a Lot must ensure
that the Member or Occupier and the Member’s or Occupier’s servants, agents and
contractors undertaking such works observe the following restrictions in respect of the
works:
(a) building materials must not be stacked or stored in the front side or rear of the
Building; and
(b) scaffolding must not be erected on the Common Property or the exterior of
the Building; and
(c) construction work must comply with all laws of the relevant Government
Agencies; and
(d) the exterior and the Common Property of the Building must at all times be
maintained in a clean tidy and safe state; and
(e) construction vehicles and construction workers’ vehicles must not be brought
into, or parked in or on the Common Property.
4.5 Before any of the Member or Occupiers works commence the Member or Occupier
must:
(a) cause to be effected and maintained during the period of the building works,
contractor’s All Risk & Public Liability insurance policies to the satisfaction of
the Owners Corporation; and
(b) deliver a copy of the policies and certificates of currency in respect of the
policies to the Owners Corporation.
4.6 Access shall not be available to other Lots on the Plan or Common Property on the
Plan for the installation and maintenance of services and associated building works
without the consent or licence of the Member of the relevant Lot or of the Owners
Corporation in the case of the Common Property.
4.7 The Member or Occupier of a Lot shall immediately make good all damage to, and
dirtying of, the Building, the Common Property, the services thereto or therein or any
fixtures fittings or finishes thereof or therein which are caused by such works and if the
Member or Occupier fails to immediately do so, the Owners Corporation may in its
absolute discretion (or if the Member or Occupier fails to do so within a reasonable
period of time must) make good the damage and dirtying and in that event the Member
or Occupier shall indemnify and keep indemnified the Owners Corporation against any
costs or liabilities incurred by the Owners Corporation in so making good the damage
or dirtying.
4.8 The Member or Occupier of a Lot must forthwith make good any damage occasioned
to the building or the Common Property, the services thereof and or fixtures, fittings
and finishes resulting from such works or (at the Owners Corporation’s election)
reimburse to the Owners Corporation the cost incurred or to be incurred by the Owners
Corporation in making good any such damage.
4.9 The Member or Occupier of a Lot shall not employ contractors to carry out work on any
services to the building or the Lot, other than contractors approved by the Owners
Corporation.