Update for all you lovely Australians out there who are being so helpful.

This may be very useful to others buying OTP.

1. There was no written figure for the appartment size in the contract. There was a plan of the appartment with some measurements (I later calculated this to be 103m). There was also an outline plan of the flat with some measurements (I think this is what they call the strata plan). I later calculated this to be 120m). As I was sold the flat at a seminar, I did not have time to do these (not simple) calculations and therefore relied on the sales laminate that they used which stated in large bold type that the total size of the appartment was 120m).

2. Central Equity will still not give explain the method used to calculate the flat and explain the discrepancy I have regarding the sales literature. They will only quote the total size and say it is irrelevant at this late stage as completion is immenent. This is dispite many letter from me and my soliciter.

3. I sent a Archicentre in today to measure the flat and find out where the discrepancies lie. This was their response (they did not provide me with measurements):

“Apartment area

The legal area of the apartment is as shown on the apartment title which includes the plan of subdivision. You should have a copy of the full title as part of the contract of sale.

The Subdivision Act 1988 outlines the official system of measurement of any strata titled apartment:

Boundaries
Unless the plan otherwise provides, if the whole or part of a boundary of a lot with another lot or with common property on a strata or cluster plan or a strata or cluster redevelopment plan lies along or within a structure that is a wall, fence, floor or ceiling, the boundary is the median of the structure.

This legalese translates into the actual legal area of your property shown on the title includes:

the full thickness of the exterior walls of the building
the full thickness of the internal partition walls within the apartment
half the thickness of the walls that adjoin other apartments
half the thickness of the walls that adjoin the common area.

The thickness of this additional structural area adds up to a considerable proportion of the apartment. The exterior walls are of the order of 300mm thick. The interior walls are 110mm thick. This is where the discrepancy in building area lies.

In a standard house the area of the house includes the area in the external & internal walls. This is similar except only half of the shared walls are included.

An as-built survey has been undertaken by a licensed surveyor. I have not seen a copy of that survey. The surveyor has determined that the actual area of the apartment using this method of measurement is 101.00m2 rather than 98.2m2 as per the original laminate. This discrepancy of 2.8m2 can be explained by a different wall thickness being used in the construction than had been presumed prior to construction. You have ended up with 2.8m2 of additional area.

The site measurement of a number of the dimensions has confirmed that they are generally slightly larger in the as-built apartment than as was shown on the initial laminate.”

4. I guess this means that the external walls were included in the total appartment size, which is not what one would assume (well, not here in the UK) when a total flat size is quoted.

5. I have reported this to the ACC, that say Central Equity are in breach of Article 52, and 53A and they have noted this on their database (but I think they only take action if there are loads of complaints)

6. As the transaction occured in Westminster (a UK London borough) – I have reported this to Westminster trading standards who might prosecute Central Equity) – I am awaiting a response.

There have been a very similar case which a friend of mine was involved in:

http://www.towerhamlets.gov.uk/templates/news/detail.cfm?newsid=2733

7. I am still deciding whether to go ahead with legal action from Aus soliciters (but will keep you updated)

8. It is interesting to note, that as a consumer, I feel very misled about the flat size (I have also confurred with collegues who seem to agree with me).

It is also interesting that my soliciter, the bank valuers, another large Australian firm of soliciters and another surveryor – did not seem to think there was a discrepancy or it was a problem.

However the ACC, Office of UK fair trading, Trading Standards, and friends who have purchased OTP can feel that there is a problem.

Hope this helps [blink]

OK, this is getting really spooky… I’ll just carry on about the flat size thing (no update on the legal side yet).

I emailed CE and asked them how they calculated the flat size (remember they used a plan at the sale that had total appartment size and total balcony size)… at a later date when I did the calcs on the plan the sizes came out 20% smaller!

When I emailed CE to ask how they calculated the measurements they responsed by saying “The apartments/title have been professionally surveyed by a qualified surveyor. The areas are calculated in accordance with the Property Council of Australia method of measurement. “
and were then really rude. The email was signed by a director. They still would not clarify this!

I then contacted the propery council of Australia who wrote a lovely reply and said that there are no guidlines of measurement for a residential development! (so CE were lying)

I then contacted my soliciter who was dealing with the sale. She could not see that there was a problem and then warned me about what would happen if I did not complete.

I then emailed the lawyer (who may be brining a case for me agaist CE) and he did not think this was a major point.

I received a valuation back from one of the banks and they put the flat size exactly as the measurements that CE had told them (so I guess they got the figures direct from CE and did not measure it).

I’ve had 4 sets of friends check the plan and they all said its about 20% less.

Now I don’t know if it’s just me, but I think it’s a pretty big issue that the flat seems 20%smaller and no one seems to care?

I would really appreciate some help / advice.

thanks for all your advise. I’m now talking to a legal firm (and also requested the sizes from CE and their method of calculation)

Will let you know the outcome [comp]