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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I am living in a still-being constructed townhome complex.

Customer Question

I am living in a still-being constructed townhome complex. My property borders on the side with the common property recreation area and is separated by a distance of only a few metres. My property settled in September 2015 and I have just found out the gym beside me is now to be airconditioned. This certainly was not on the original plan and was unknown to me both at the time of purchase and time of settlement. I believe the developer is planning to install the external component of the airconditioner on the common property wall which is effectively in my yard as I've seen the wires through the wall. It is a large space, so therefore will be a large, noisy unit. The motor will also be unsightly in my yard. Do I have any rights with this?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Patrick H. replied 10 months ago.

Hello and thank you for your question.

Likely you do but it will depend on a close examination of what information was available to you when you bought the property, and they type of remedy available may also vary.

You presumably should have been advised of the plans or been referred to such plans before you purchased, and if such plans did not include a noisy air conditioner in your unit space then will be legal options. However, working out the best way to proceed will require a lawyer to review your situation in a comprehensive way as well as the history of the planning approvals for the development.

To that end I would suggest you get a lawyer involved ASAP as the earlier they get involved the more likely they will able to help you find a satisfactory solution. In short it is usually a lot easier to address problems of this sort before the builder has actually completed installation than after the works are all complete, so try to get a lawyer ASAP.

I trust the above assists.

Good luck and PLEASE RATE MY ANSWER.

Patrick