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A client approached this office seeking clarification of his responsibilities in relation to Fire Ratings of New Strata Titles as they relate to older existing buildings
It is our opinion that the following applies to strata subdivision of an existing building and your responsibilities if you remain part of the Body Corporate (e.g. as you sell off units). We advise that there have been recent changes to the Strata Act as it relates to strata subdivision of existing buildings. The changes have shifted the responsibility for fire rating away from one of council (in need of satisfying before title issue) to one of the Body Corporate.
In other words strata subdivision of an existing building where a change of use does not occur does not necessarily mean that the building complies with the previous standards of fire rating.
Having said this we are aware that most councils are still insisting on compliance with Fire Rating Standards.
It is early days and you are encouraged to check with your insurer and or solicitor concerning this matter.