I've got a building inspection done, on a property that's about 80 years old, that I'm considering purchasing. The building inspection said the handrail was was too low, and not compliant with the building code of australia.
My questions are:
1. Do i need to fix this?
2. Can i get sued if someone hurts themselves on this?
3. Do i need to disclose this to the insurer?
Thanks for all you help everyone. This is rather new to me so appreciate any help!
It's best to but not actually required. Older structures are grandfathered into newer laws in most cases, otherwise people would have to remodel their properties non stop.
Maybe best to check with your local state building authority VBA for Victoria. It may be that the handrail in non compliant to today codes which is what the inspector would have look at the building under. I suspect that due care is required once you know the non compliance, so you should look at fixing it. Also likely an issue with insurance if something happens. You don't want to be have to have the handrail height coming up if someone falls. having said that.
I believe that there was an insurance case where by the balustrade at a shopping centre was compliant under the regs at the time. However the claimant still won. Cant remember why, but you will now notice at shopping centres the rails around the voids are now at least 1.1m or 1.2m. not the required 1m by building code.
All above in my opinion.
Exactly another example is. Seat belts are compulsory in cars but old vintage cars that were never built with them have an exemption.
Inspector doesn't find something wrong that's not obvious to most it doesn't look like he's good at his job. He should have explained implications if any instead of trying to scare you.
As long as it was compliant when it was built then you don't need to do anything (there are some exceptions so it's worth checking). However, as soon as you renovate then anything you touch will need to be brought up to the current standard.
If the handrail was passed as OK 80 years ago (probably no regulations about hand rails back then) and isn't a recent add on the building inspector is talking through their bum.
Building regulations are not back dated and the inspector should know that if they are any good at their job.
Sounds like you’re more worried about being sued than some kid falling and being injured or killed. The inspector did the right thing, he brought it to your attention that it doesn’t meet current code. Whether you need to bring it up to code or not, now you know about it you would have a duty of care, I hope you are not one of those people that just shrug their shoulders and say “not my fault”.
Building codes change all the time and the changes are not usually retrospective (if they were then we would all be spending a fortune on changing our house to comply with new codes.)
If it was compliant at the time then it is fine but you should seek advice probably from your local council.
Yes, yes, yes