Airspace rights and crane oversail

Cranes

Receive an
obligation-free proposal

We offer an obligation-free quote.

The first step is a short phone or in-person meeting to better understand the needs of your committee and scheme. This will only take around 10 minutes.

From there, we’ll put together a tailored proposal, including our easy-to-understand fee package.

Submit our proposal form, including the best contact time, and we’ll be in touch.

Receive an obligation
free proposal

We'll need to get some details about your building. Let us know the best time to contact you.

Please contact us here if you are seeking a proposal for a building we don’t currently manage. If you are an existing BCsystems customer please email us at info@bcsystems.com.au

Receive an obligation-free proposal

We offer an obligation-free quote.

The first step is a short phone or in-person meeting to better understand the needs of your committee and scheme. This will only take around 10 minutes.

From there, we’ll put together a tailored proposal, including our easy-to-understand fee package.

Submit our proposal form, including the best contact time, and we’ll be in touch.

Receive an obligation
free proposal

We'll need to get some details about your building. Let us know the best time to contact you.
This article has been reproduced with the permission of Active Law

Due to schemes often being in high density residential zones, it is common for the committees to be approached by developers of neighbouring land seeking rights for cranes to pass over the common property to facilitate a development.

Can a committee just refuse?

The Property Law 1974 empowers the Supreme Court to impose rights of use in respect of land including oversail rights if satisfied the owner of the land over which the rights would be imposed can be adequately compensated.  The act also empowers the court to order costs be paid by the owner of the land over which the rights would be imposed in “special circumstances” which could be expected to include where a request for oversail rights was not considered or refused without good reason.

Good reasons may include a refusal by the developer to pay fair compensation, or to pay the body corporate’s costs of negotiating the requested rights and costs of putting the request to lot owners to vote on, as required by legislation.

Does the committee have power to grant the rights?

No.  Oversail rights are in nature of a licence over the common property and the Body Corporate and Community Management Act 1997 mandates that such rights must only be granted in the way authorised under the regulation module applying to the scheme.  Usually that means a special resolution is required for the body corporate to grant oversail rights.

Can the developer be asked to pay costs as well as compensation?

Yes.  The body corporate can reasonably require payment of all costs incurred in granting the rights, including legal and extraordinary general meeting costs, in addition to compensation for the grant of the rights.  In additional to compensation, we have also assisted bodies corporate to obtain benefits such as the cost of a building wash down and new fences.

Are there risks?

Though rare, accidents happen.

In 2012 the motor of a crane on a construction site at the University of Technology Sydney caught fire resulting in the collapse of the boom into the construction site.

In 2016 the motor of another crane on a construction site in St Kilda Road, Melbourne caught fire similarly resulting in the collapse of the boom of the crane.

In 2012 the motor of a crane on a construction site at the University of Technology Sydney caught fire resulting in the collapse of the boom into the construction site.

In 2016 the motor of another crane on a construction site in St Kilda Road, Melbourne caught fire similarly resulting in the collapse of the boom of the crane.

In 2016 the motor of another crane on a construction site in St Kilda Road, Melbourne caught fire similarly resulting in the collapse of the boom of the crane.

The cable, which was connected to a metal hook weighing around half a tonne, was flung coming to rest on the historic Luna Park face.  Fortunately, no one was injured.

In 2016 the motor of another crane on a construction site in St Kilda Road, Melbourne caught fire similarly resulting in the collapse of the boom of the crane.

The cable, which was connected to a metal hook weighing around half a tonne, was flung coming to rest on the historic Luna Park face.  Fortunately, no one was injured.

Though rare, crane failures present a very real possibility of injury, damage to property, and financial loss against which bodies corporate must take to steps to ensure they will be indemnified and adequately insured.

Don’t be bullied  

A developer’s delay in seeking required over sail rights is not reason for committees to truncate negotiations to suit the developer’s deadlines.  As required by the code of conduct for committee voting members, each member must act in the best interests of the body corporate.  Necessarily that means ensuring the developer pays fair compensation, give necessary protections and agree terms by which the body corporate will not be left out of pocket.

We have extensive experience in supporting committees with advice on crane oversail rights and in negotiations for the terms of oversail agreements.  Please contact us at 07 3160 0000 or email us at reception@activelaw.com.au for advice or assistance with crane oversail rights and agreements.

Disclaimer – Reliance on Content
The material distributed is general information only. The information supplied is not and is not intended to be, legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.

Share This Post

Subscribe To Our Newsletter

Is BCsystems your current body corporate manager?
You are

More To Explore

Communication
Committee advice

Communication Between the Committee and Residents: Striking a Balance

It’s essential to understand the boundaries and responsibilities of communication within a body corporate framework, as outlined by body corporate legislation. While committees can, and often do, acknowledge resident correspondence, they are not legally required to respond to every question or comment.

Accountant
Committee advice

The Role of the Treasurer in Body Corporate Committees

The treasurer of the body corporate often plays a leading role in the committee and the body corporate community. It is a volunteer position which can be very rewarding, but also can take a significant investment of time and effort from the member.

Like this article?

Follow us for more