When designing a new balcony or deck, consideration should be given to its intended use so that the appropriate sized footings are installed and the supporting fixings can be adjusted according to the weight and size of the balcony or deck.

Consideration must also be given to the use of galvanised or stainless steel fixings should the deck or balcony be close to the sea or other corrosive environments to prevent corrosion. Additionally, balconies and decks must be waterproofed to prevent water ingress to the supporting structure.

Whilst a well designed and constructed balcony or deck will help reduce the risk of collapse, it is still important to carry out regular maintenance and checks for any signs of deterioration.

The unfortunate balcony collapse that occurred in East Doncaster in December last year which left two deceased and 17 injured, is a reminder of just how important maintenance of these areas are.

Some items that could raise flags include:

  • Puddles of water at the base of posts or on the deck or balcony surface;
  • Rotting or loose balustrades/handrails and loose or rusted brackets and bolts; and
  • Cracked concrete or signs of leaning and cracked or weak mortar, or dislodged brickwork/masonry.

If any of these signs are visible, ensure that a registered builder is engaged to undertake repairs and remember to always obtain a Building Permit for the construction of a new balcony or deck.

Further information is available via the attached VBA Fact Sheet : Balconies,decks-and-balustrades

Who is Responsible for Balcony Collapses?

In a recent court case in relation to a balcony collapse at a rental property, Judge Curtis found that the Managing Agent was liable for injuries and losses suffered, however the Court of Appeal apportioned liability between the agent, owner and tenant on a 50:30:20 basis.

“A reasonable person in the owners’ shoes should have expressly instructed the agent to engage an expert to investigate the structural integrity of the balcony, it found. Whilst owners were able to claim contractual indemnity from the agent, the Court found they were not able to completely absolve themselves of their duty of care simply by this delegation and apportioned 30 percent liability to them as a result of contributory negligence”.

Read the full article by Andrew Heaton via Sourceable  Who is Responsible for Balcony Collapses?