This article is about the importance of a good renovation by-law.
Good renovation by-laws will protect all parties such as the owners corporation, the lot owner (and future owners) plus ensure any renovations to a lot, in particular structural, are safe for the building.
A good renovation by-law will outline items such as:
- A clear statement of the authorised work
- The time frame for completion
- Setting out any conditions that must be met
- All contractors details and their insurances
- Development consents
- Recording all works, including structural works
- Conditions that the lot owner and their contractor/s must adhere to
- How waste is to be dealt with
- Hours of work to minimise noise and disturbance to neighbours and the building
- Access and parking requirements to ensure minimal disturbance to other lot owners and common property areas
- Who is responsible for any ongoing maintenance
- Ensuring that all work complies with relevant standards and legislation such as the Building Code of Australia and the Design & Building Practitioners Act 2020
- Any nuances and more!
Why is it important to ensure that renovation by-laws are thorough?
Apart from wanting the renovation to run smoothly, the type of by-law to be used will depend on the renovation that is being undertaken. For example:
- Is the renovation a bathroom or kitchen renovation involving waterproofing or changes to floor coverings; and
- do you need a cosmetic, minor or major renovations by-law?
The tighter the renovation by-law the less likely there will be issues however in the event of an issue a well written by-law will more than likely get things back on track, minimising any disputes. A badly written renovation by-law may only exacerbate the situation and cause unwanted delays and disputes and may even end up in NCAT.
This post appears in Strata News #643.
If you have a question or something to add to the article, please leave a comment below.
Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.
JS Mueller & Co Lawyers has been servicing the strata industry across metropolitan and regional NSW for over 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection.
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This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.
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