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Has anyone had the experience of an insurance company refusing cover unless a part of a building is upgraded to meet new National Construction Code requirements?
A section of a roof on one of 7 townhouses built nearly 40 years ago is 2 degrees under the pitch required by the current code. Recent leaks are awaiting repair and relate to issues with barge tile pointing and flashing attachment. A panel builder sent by the insurer has declared the roof cannot be repaired as the pitch is non compliant and must be replaced in entirety.
Normally construction codes are not retrospective, and there are no safety issues. The roof has not leaked during its life, except for the recent issues which imply the pitch is not affecting its serviceability.
Dare I ask, with the recent rain events and floods and bushfires of the past few years, is it possible insurers are looking for ways to avoid claims?
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If the infrastructure meets the code at time of construction, then it’s fine, but when it breaks down, you then run into problems. A bit like many old balustrades that don’t meet the height code of today. If part of it is damaged, you can’t just fix that section. You gotta replace the whole thing to meet current code.
Another pandora’s box is getting a WHS report. Insurance companies LOVE to go through those and demand fixes.
An issue with WHS is they do a bit of one size fits all report. You have NO tactile indicators!
Well and good for a high traffic shopping centre and a huge apartment complex, but for a less than 10 lot apartment block?
I’m sure my block built in 1965 meets next to nothing of the current building code.
A bit like many old balustrades that don’t meet the height code of today. If part of it is damaged, you can’t just fix that section. You gotta replace the whole thing to meet current code.
According to recent reports, you have to make a balustrade safe whether it needs fixing or not. All you need is for someone to know the balustrade isn’t safe.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Now I have been told we cannot even carry out the relatively minor repairs, involving re-laying and repointing some barge tiles on one edge, and re-attaching sarking plus a few flashing laps on the other edge. The main part of the roof, including its structure are not affected.
To repair these items we have to replace the roof with a new roof, built to a new pitch, thus requiring a new structure. An alternative offered is to replace the section in question with metal, over half of one townhouse, whilst the rest of the townhouse and complex has a tiled roof.
How can it be that owners of buildings which pre-date current construction codes cannot maintain their buildings?
Thought I would add we are using a major insurance broker and major insurance company, so this has the potential to affect many others, as the National Construction Code and Australian Standards are a moving feast.
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