ACT: Q&A Process for undertaking major renovations in a strata unit

The LookUpStrata Team

3 years ago

This ACT article is about the process for undertaking major renovations in a strata unit.

Table of Contents:

QUESTION: Without approval, an owner has DIY cement rendered brick walls and the building facade in their courtyard. What should we do?

QUESTION: My tenant has erected a free-standing louvred room on their balcony, consisting of a roof and four uprights. The structure is free-standing, not enclosed and removable. Should the tenants have applied for approval from the owners corporation before erecting this structure?

QUESTION: What is the process for undertaking major renovations in a strata unit?

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Question: Without approval, an owner has DIY cement rendered brick walls and the building facade in their courtyard. What should we do?

An owner has cement rendered brick walls and the building facade in their courtyard. The internal courtyard wall is visible from other units but not the street. The facade is visible from the street front. Our building is dark brown brick, so their light grey cement stands out. It is also a DIY job and is fairly sloppy. No approval was sought or given. What should we do?

Answer: A rule infringement notice can be issued.

The default rules of the owners corporation (OC) do not permit alterations to be made without the approval of the owners corporation. A copy of the default rule 1.4 is copied below;

1.4 Erections and alterations

A unit owner may erect or alter any structure in or on the unit or the common property only—
1. in accordance with the express permission of the owners corporation by special resolution; and
2. in accordance with the requirements of any applicable territory law (for example, a law requiring development approval to be obtained for the erection or alteration).
Permission may be given subject to conditions stated in the resolution.

However, if the structure is sustainability infrastructure, the owners corporation’s permission must not be unreasonably withheld.

The owners corporation may have amended the default rules or registered alternate rules that address the subject of alterations, however, in most cases, amendments still require approval through the executive committee on behalf of the OC.

The action of rendering the façade wall is a direct breach of the default rules, and a rule infringement notice can be issued under section 109 of the Act. The rendering of the internal surfaces of the courtyard walls may be more difficult to control as it is within their private courtyard area.

Ultimately, the matter may need to be referred to the ACAT for adjudication if the parties cannot agree, however, the issuing of a rule infringement notice would be the first step in any proceeding for remediation.

Nina Cannell Signature Strata E: nina@signaturestrata.com.au P: 02 6185 0347

This post appears in Strata News #673.

Question: My tenant has erected a free-standing louvred room on their balcony, consisting of a roof and four uprights. The structure is free-standing, not enclosed and removable. Should the tenants have applied for approval from the owners corporation before erecting this structure?

Answer: The resident has erected a structure and therefore requires approval. How the structure is secured/fastened is irrelevant.

The default rules 1.4 Erections and alterations in Schedule 1 of the Unit Titles (Management) Regulation 2011 state:

1.4 Erections and alterations

A unit owner may erect or alter any structure in or on the unit or the common property only—
1. in accordance with the express permission of the owners corporation by special resolution

The key terms here are ‘erect’ and ‘alter’.

The resident has erected a structure and therefore requires approval. How the structure is secured/fastened is irrelevant.

Jack Stoker Bright & Duggan E: Jack.Stoker@bright-duggan.com.au P: 02 9902 7100

This post appears in Strata News #646.

Question: What is the process for undertaking major renovations in a strata unit?

Answer: Should an Owner wish to undertake major renovations within the unit, the first point of contact should be the Manager of the complex.

Should an Owner wish to undertake major renovations within the unit, the first point of contact should be the Manager of the complex, as they would be familiar with the individual OC’s requirements.

IF you are merely replacing the kitchen, and not making any changes to the drainage points for the waste water, then it is likely approval would not be required. However if you are wanting to move the sink to the other side of the kitchen, which would mean a new drainage point would need to be cored into the slab, and the approval of the Owners Corporation should be sought.

Further to this, for example, if you are living in a high rise building and decide to renovate your bathroom to include a bathtub, as this would increase the weight load on the slab of the building, permission has to be sought, and it is likely that you will need a structural engineers sign off to state that the slab can handle the limit.

Any alternation/major renovation which has an effect on the outward appearance of the unit will also require Owners Corporation in accordance with Rule 1.4

With major renovations, I would assume that there would be noise generated from the works, so it is always best to contact the Strata Manager to advise them of the renovations so that they can advise your neighbours.

Jan Browne Bridge Strata E: jan@bridgestrata.com.au P: 02 6109 7700

This post appears in Strata News #512.

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