QLD: Q&A Are we required to upgrade our building for disability access?

Published October 23, 2018 By Frank Higginson, Hynes Legal Leave a Comment Last Updated August 22, 2022

This Q&A about the need to upgrade the building for disability access has been answered by Frank Higginson, Hynes Legal.

Question: In Queensland, do existing bodies corporate have an obligation to update buildings specifically for wheelchair and disability access without any other improvements being made to the building?

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Answer: If someone needed something upgraded to suit their circumstances for example disability access, they are likely to be successful.

We have only had this one or twice, but the answer both times has been that if someone needed something upgraded to suit their circumstances, they are likely to be successful.

Otherwise, there is no obligation on a body corporate to specifically go and do things to make the building compliant with the various codes for differently abled persons. If it was fine when built, it remains that way unless someone raises it.

Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500

This post appears in Strata News #214

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About Frank Higginson, Hynes Legal

Frank Higginson heads the community titles practice at Hynes Legal.

Frank commenced five years articles of clerkship on the Gold Coast while studying law externally in January 1992 and apart from a two-year hiatus working in London with a multinational firm from 1997 to 1999 he has practiced in Queensland in property matters for his entire career.

Frank joined Hynes Legal in 2001. He became a partner/director in 2004 and since then has whittled his practice down to the two keys areas for strata law in Queensland - body corporate law and management rights.

He and his team are the only experts in Queensland that truly specialise in both of these areas of law.

The rationale for this is the belief that when there are issues in dispute, it helps enormously (from a legal, strategic and commercial position) to understand the strengths, weaknesses, and views of the other party. It creates the opportunity to make commercially sensible suggestions to enable the resolution of all issues in dispute. Acting for only one side of an industry (particularly if vociferously so) prevents that.

Frank's LinkedIn Profile.

Frank is a regular contributor to LookUpStrata. You can take a look at Frank's articles here .

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