NSW: Installing air conditioning in an apartment

Question: Does replacing an existing air conditioner unit in lot require renovation approval from the owners?

Answer: Not all buildings follow the rules properly, and renovations are sometimes carried out without proper approval, or approval of renovations is not properly enforced.

Given the specific wording of regulation 28(d) the Strata Schemes Management Regulation 2016 (NSW), that mentions “installing a reverse cycle split system air conditioner” but does not explicitly mention “replacing” an air conditioner, we need to interpret whether replacing an air conditioner can be considered a minor renovation. Here is a more detailed analysis:

Legislative Framework

Strata Schemes Management Act 2015 (NSW)

• Section 110(3) states that the carrying out of work prescribed by the regulations is considered a minor renovation.

Strata Schemes Management Regulation 2016 (NSW)

• Regulation 28(d) specifies: “Installing a reverse cycle split system air conditioner.”

Analysis

The regulation explicitly mentions “installing” but is silent on “replacing.” Since replacing an air conditioner typically involves installation work, it can reasonably be argued that replacement falls within the scope of similar activities covered under minor renovations. However, this is an interpretative approach rather than a clear-cut legislative statement.

Practical Approach

1. Owners Corporation Consultation: Present the case to your owners corporation or strata committee. Explain that replacing an air conditioner involves similar work to installing one, and seek their agreement to treat it as a minor renovation.
2. Legal Advice: Obtain a legal opinion from a strata lawyer to confirm this interpretation, especially if there is any dispute or hesitation from the owners corporation.

Conclusion

While the regulation does not explicitly state that “replacing an air conditioner” is a minor renovation, it is reasonable to interpret it as such, given the nature of the work involved. However, to ensure compliance and avoid potential issues, consult with your owners corporation and consider seeking legal advice for a definitive interpretation.

This post appears in the August 2024 edition of The NSW Strata Magazine.

Tim Sara
Strata Choice
E: tsara@stratachoice.com.au
P: 1300 322 213