Question: An owner wants to remove load-bearing walls to turn a two-bedroom unit into four bedrooms. Can the body corporate refuse?
An owner of a two-bedroom, two-and-a-half-bathroom unit with a large private rooftop wants to convert it into four bedrooms and four bathrooms, including removing and replacing load-bearing walls. Our building has a precedent of refusing changes to load-bearing walls, but the owner says we’re being unreasonable.
The body corporate is also concerned about more people living in the unit, as we share water in the building, and about potential parking issues. What are our rights?
Answer: If the by-laws require consent, the body corporate can approve, approve with conditions or refuse a renovation, as long as it acts reasonably.
The body corporate’s position with respect to renovations to a lot will depend upon the by-laws for the scheme.
Where the by-laws require an owner to obtain the consent of the body corporate to the proposed renovations, the body corporate will be entitled to:
- approve the renovations unconditionally;
- approve the renovations, subject to conditions; or
- not approve the renovations,
provided the body corporate acts reasonably.
Generally, it will be reasonable for the body corporate to approve the renovations on the basis that the renovations would not affect the structural integrity of the scheme. The body corporate may also be entitled to require the owner to provide confirmation from an engineer or another consultant as to the potential consequences of the renovations.
If the owner refuses to comply with those conditions, it may be open to the body corporate to refuse the renovations.
Otherwise, the development approval conditions may regulate the number of occupiers permitted in a lot. However, it would not be for the body corporate to seek to enforce council approval conditions.
This post appears in Strata News #815.
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