A lot owner from NSW is wondering if approval is needed to change the colour of their painted courtyard walls and essentially, their building appearance.
Table of Contents:
- QUESTION: Will replacing my current window with a soundproof window change the appearance of the lot? Will I need approval for this improvement?
- QUESTION: An owner would like to upgrade an existing unapproved screen door. The Owners Corporation has refused the request, but the owner insists on the replacement.
- QUESTION: We would like to cover a window to stop excess light and also replace blinds with curtains on other windows, but the owners corporation will not grant us approval. Is this reasonable?
- QUESTION: I have an apartment with a balcony in NSW and can I put artificial hedge roll on my pole for decoration?
- QUESTION: I would like to change the colour of my painted courtyard walls. As the walls are impossible to see from the street and won’t change the building appearance, is approval from the body corporate required?
Question: Will replacing my current window with a soundproof window change the appearance of the lot? Will I need approval for this improvement?
My owners corporation has said I may install soundproofing to my 3 windows due to dog nuisance coming from various backyards in streets in vicinity. However, they say I am unable to proceed if the change affects the appearance of the building. I would be getting an extra pane of glass 100ml thick. Would this affect appearance?
Answer: There are solutions to your problem that would not require the removal of your existing windows or even the replacement of the current glazing.
It’s understandable that the Owners Corporation would be concerned with improvements that may negatively impact the appearance of the building.
That said there are solutions to your problem that would not require the removal of your existing windows or even the replacement of the current glazing.
The best results in reducing noise are to be achieved by the installation of a secondary window system, that would be installed on the inside of your existing windows and not require any alteration to the exterior of the existing frames.
For the best results a secondary window system should be installed leaving a 100mm space between the external and internal glazing.
Thick glass is not essential to achieve a good result, as it is the distance between the glass panels that is the main contributor to the reduction of noise, however it is important that both windows do not have glass of the same thickness.
For ease of cleaning the secondary window should be sliding with all sliding panels removable from the inside.
Gary Stevenson
E: [email protected]
Windowline
P: 02 8304 6400
This post appears in the April 2021 edition of The NSW Strata Magazine.
Question: An owner would like to upgrade an existing unapproved screen door. The Owners Corporation has refused the request, but the owner insists on the replacement.
One of the units in our eight unit strata scheme has a metal security grill installed outside the front door. No other unit has any such security grill installed. The security grill is therefore not in keeping with the rest of the building.
This grill was installed by the prior owner and without the consent of the Owners Corporation.
The current owner wishes to upgrade to a new, more secure screen door. They have asked the Strata Committee for approval.
The strata committee refuses to approve the upgrade and has asked the current owner to remove the current screen door as it is not in keeping with the rest of the building and it is sometimes in the way of people using the common staircase.
The owner is refusing to remove the grill and insists in upgrading the door.
We have no bylaws in place that allowed security grills outside of the front doors.
What should the Owners Corporation do?
Answer: It sounds like the OC has reasonable ground to reject the approval.
It sounds like the OC has reasonable ground to reject the approval to have a security door as the door is impacting other apartments access and the door is isn’t in keeping with the rest of the complex.
Normally, grill security doors aren’t applied to fire doors as they can impact upon the fire egress to the apartment which impacts resident fire safety in an emergency (eg if they can’t get out without keys). I would certainly check this with your fire contractor to see if the door impacts the fire services to the building as it can impact the ability to achieve fire certification each year.
If the owner won’t remove the security door, you sadly may need to go the NSW Fair Trading then NCAT to get a decision to remove the door.
Rod Smith
The Strata Collective
E: [email protected]
P: 02 9879 3547
This post appears in Strata News #439.
Question: We would like to cover a window to stop excess light and also replace blinds with curtains on other windows, but the owners corporation will not grant us approval. Is this reasonable?
We have a giant window in the main bedroom that is not covered. We would like to put up winder coverings to stop light from coming in. The light is disrupting our sleep.
We would also like to make our home child safe by replacing the blinds with curtains of a similar colour.
Strata will not grant us permission to make these changes. For the giant window they say we can only tint the glass, but I have doubts that will block out the light.
They’ve also refused to let us replace the blinds with curtains, despite the safety risk blinds pose.
There are no by-laws that specify the type of window covering.
We have the following by-law:
By-Law 17: Appearance of Lot
- The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside of that lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- This By-Law does not apply to the hanging of any washing, towel, bedding, clothing or other article …….
I feel our proposed works fall under s109 of the Strata Schemes Management Act 2015, and as such I don’t need the Owners Corporation’s permission. The Strata Manager has disputed this, claiming we fall under s109(5)(c) of the Strata Schemes Management Act 2015, and therefore need their permission before proceeding.
I need to change the blinds to curtains, and cover the giant window in such a way that there is no light coming through and it is safe.
Answer: Internal blinds/curtains just need to be keeping in appearance with the rest of the scheme.
I don’t see how the owners corporation can dictate internal curtains/blinds type/colour unless they have a specific by-law in place. If they do not, internal blinds/curtains just need to be keeping in appearance with the rest of the scheme (per the by-law this owner has stated).
It’s not clear what they are talking about with regards to covering the window – if they are wanting to put an awning/external blinds, etc. these likely require owners corporation approval at a general meeting given they’re attaching to common property
Andrew Terrell
Bright & Duggan
E: [email protected]
P: 02 9902 7100
This post appears in Strata News #435.
Question: I have an apartment with a balcony in NSW and can I put artificial hedge roll on my pole for decoration?
Answer: While the decorative item is easily removed, it may offend the “keeping within the appearance of the building” by-law.
While the decorative item is easily removed, it may offend the “keeping within the appearance of the building” by-law which is likely applicable to your scheme.
This common and standard by-law states:
17 Appearance of lot
- The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 10.
Note: This by-law was previously by-law 29 in Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and by-law 30 in Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #421.
Question: I would like to change the colour of my painted courtyard walls. As the walls are impossible to see from the street and won’t change the building appearance, is approval from the body corporate required?
I want to repaint my painted courtyard walls in new colours. I understand this is cosmetic and therefore does NOT require the approval of the Owners Corporation. However, in 109 (5) of the Strata Scheme Management Act (2015) it says this is allowed providing it does not change the external building appearance of my lot.
As the internal walls are impossible to see from the street, I assume I am fine to proceed without the approval of the Owners Corporation. Is this correct?
Answer: The standard “in keeping with the appearance of the building” by-law will likely apply to your scheme.
Generally speaking you are correct, however, there is another issue to consider too. The standard “in keeping with the appearance of the building” by-law will likely apply to your scheme. So, in addition to the works not being visible from the street, the painting should not be visible from the common property, or another lot. Therefore, you will need to determine whether the painting will be visible from anywhere outside your lot.
Typical wording of such a standard by-law is:
The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
Embed
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #171.
Read next:
- NSW: Q&A Strata approval for renovations – What is the process?
- NSW Q&A Section 100: The Power to Borrow Money
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Visit our Maintenance and Common Property OR NSW Strata Legislation.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
Have a question about building appearance or something to add to the article? Leave a comment below.
In relation to owner won’t remove security door.
its one thing for a security door placed immediately in front of and in conjunction with the apartment entrance door and another location affecting common areas access to another area..
Annual Fire Safety Statement/schedule (AFSS) is not required for this scheme as all Class 1 (a) buildings are exempt in terms of EP&A Reg. 2000 Part 9 Div. 2 Cl. 168
It would seem logical that any minor renovation involving an attachment to a common area is governed by that Scheme’s Special by-law with regard to renovations, either a minor or major renovation.
Should that Scheme have an up to date Special renovations by-law, it would seem apparent that the owners corporation has the right to insist that its laws be adhered to in accord with that Special by-law.