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. Leanne Habib, Premium Strata provides the following response.
- 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?
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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
P: 02 9281 6440
E: [email protected]
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.
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Leanne Habib
Premium Strata
P: 02 9281 6440
E: [email protected]
This post appears in Strata News #171.
Read next:
- NSW: Q&A Strata approval for renovations – What is the process?
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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