I've settled on an off the plan apartment, my subsequent measurement of the internal floor plan suggests the apartment is slightly smaller than the allowable tolerances in the contract. I have requested a measured floor plan on multiple occasions but have been told it's not available.
Is there any way forward other than starting a legal dispute? Any experience relating to what the potential outcomes may be (i.e. 5% refund, full exit of contract etc)?
my prior apartment was the same size and this one felt smaller
have you measured your balcony size ?
The measurements should be in your final contract.
When I was looking I believe that the room measurements included 50% depth of walls as well, so that might be whats throwing your calcs off.
From memory most walls were 90cm thick so the loss would be 45cm.
yes I know there are a few different measurement methods which is why I figured easiest solution would be to see the developers version and compare however their reluctance makes me think it may be time to fork our the legal fees - the final contract only shows a single measurement of whole apartment (i.e. not individual walls or rooms)
This seems a little irregular - might be because I'm in VIC and your in NSW.
Every contract I've looked at here had detailed plans within.
Unfortunately since you've settled I doubt you will get anything, especially since you signed a contract that doesn't even provide you with all the information necessary.
Guess you might need to chalk this one up as an expensive lesson?
90cm thick walls !!!!
HOLY COW
maybe 90mm?
I believe measurements is taken from outside external wall to inside finished surface of a shared wall, of the entire apartment. Internal walls including columns, cupboards, kitchen etc are included in this measurement. The apartment is measured as whole, not individual rooms. The contract of sales I've seen for apartments always show a single apartment m2, not separate room m2. The developer would rarely put their balls on the line telling you in the contract each room m2 they will commit to, because of issues like what you have…rooms get built smaller than drawn.
Balcony and carpark is a separate measurement.
Riser and common area voids are excluded.
But see a solicitor. If you have measured correctly then 5% reduction in m2 is not good. Particularly an apartment where every square metre matters.
Since you have passed settlement, your next option is to talk to your neighbours, get their measurements and fight it collectively for perhaps a shared legal fee.
But like another comment above, it may not be worth the effort. Cut your losses (or living space) and move on.
90cm? That's a thick wall!
OP bought an apartment in Alcatraz.
Seems to be pretty standard in most apartments that I looked at.
Think it had something to do with fire/noise?
These were walls shared with other apartments/common areas, I think the internal ones were quite a bit thinner.
Do you mean 90mm? 90cm walls would have a problem with squatters.
@[Deactivated]: Just had a look at 90cm - does seem a little excessive.
I blame my memory as this was over 10 years ago.
90mm seems a lot more reasonable.
Damn boy, he thick, boy. Thats a THICK ass boy!
You have settled, so it is too little, too late unfortunately.
Why didnt you undertake a proper pre-settlement inspection and get a professional person to survey your lot size.
That's off the plan for you.
Developer 1, buyer 0
Doesn't always have to be the case if you do your research and read every single word of the contract.
Most people don't realise the importance of totally understanding everything and also the order of reliance should there be any ambiguity between documents.
Is there any way forward other than starting a legal dispute?
Highly unlikely.
I've settled on an off the plan apartment
/end thread
You will need to order the registered strata plan from LRS (if your solicitor/conveyancer does not already have it). Then compare the size of your unit in the registered plan with the size stated in your contract.
If still an issue, look at your contract to see what it says about variations.
Unfortunately your main discussion with your solicitor/conveyancer will likely be about what you should have done prior to settlement to deal this, when you actually held some of the cards.
You may be able to take legal action now, but it would likely be expensive and not worth the effort.
maybe theyve shrunk all the apartments slightly to try and fit in an extra one (ala salim)
on the plus side, maybe thats another owner to help pay for the inevitable water damage and structural cracks of a modern autralian apartment?
As djkelly said, the official area is the one on the Strata Plan registered at NSW LRS. But this is really something your solicitor or conveyancer should've done for you so maybe give them a call first.
This is why you have to use a middleman, they catch things like this. I'm buying an apartment through Buy Melbourne Apartments right now and they said developers pull all sorts of shady shit. These guys refunded me a portion of the commission and are covering the cost of the building inspection before i settle to avoid things like this.
Damn.
That sucks. Sorry, no advice :/
What hinted you to remeasure the subsequent floor plans?