NSW lot owners are asking, ‘Do you need permission when installing air conditioning in an apartment?’
Table of contents:
- QUESTION: Does replacing an existing air conditioner unit in lot require renovation approval from the owners?
- QUESTION: Developers installed large air conditioning units on balconies in our new seven storey building. The balconies do not have any drainage. When operating, water pours out of the air conditioners and cascades down the outside of the building. What can we do?
- QUESTION: Does the strata committee have the right to block me replacing my non-working aircon unit with a similar unit?
- QUESTION: What do I need to include in a scope of work to reposition an air conditioner unit on common property?
- QUESTION: Although there is a bylaw clearing stating air conditioning systems can be installed, our committee states there is a precedence for the units not to placed on a common wall.
- QUESTION: Is a Council DA required for lot owners wishing to install Air Conditioning?
- QUESTION: For the installation of an air conditioner utilising the common property roof cavity, does the apartment owner require some sort of fire safety documentation?
- QUESTION: How do we go about apartment air conditioner installation? Do we need a lawyer to write an air conditioning by law?
- QUESTION: How do we go about installing air conditioning in an apartment? My application was rejected despite the fact that air conditioners have already been installed in at least two other apartments.
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
- 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.
- 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.
Tim Sara
Strata Choice
E: [email protected]
P: 1300 322 213
This post appears in the August 2024 edition of The NSW Strata Magazine.
Question: Developers installed large air conditioning units on balconies in our new seven storey building. The balconies do not have any drainage. When operating, water pours out of the air conditioners and cascades down the outside of the building. What can we do?
I live in a new seven level unit complex in Tweed Heads with 13 units. Outside air conditioner units were to be installed on the roof, but the substantial units were instead installed on individual balconies.
The balconies have no drainage. When the air conditioners are on heat mode, water pours out of the units and over the balcony edge down onto units below.
The air conditioner installer has been to the site and states this is normal and nothing can be done as there are no drains for the water to flow into. If all residents run their air conditioners, water cascades down the outside of the building and enters lower level balconies.
Is there any legislation stating that air conditioners must have drainage to remove excess water? What can we do about this?
Answer: obtain advice from a suitably qualified and experienced expert Mechanical (HVAC) Engineer to provide you with project specific advice in relation to any potential requirements for drainage.
Our recommendation is to obtain advice from a suitably qualified and experienced expert Mechanical (HVAC) Engineer to provide you with project specific advice in relation to any potential requirements for drainage. Following, you need to consider whether any proposed alterations to the existing air conditioning units and their associated services trigger any requirements under the Local Planning Authority Rules and Regulations and the NSW Design & Building Practitioners Act 2020.
Michael Hopwood
Valen Projects
E: [email protected]
P: 0488 666 682
This post appears in the September 2023 edition of The NSW Strata Magazine.
Question: Does the strata committee have the right to block me replacing my non-working aircon unit with a similar unit?
I have applied to strata committee to replace my ageing non-working air conditioning unit with like replacement. I have sent detailed plan of replacement to the committee. There are no new attachments or invasion of common areas. I have been advised that I need to get a bye law passed to do this. I regard this as unreasonable conduct.
Does the strata committee have the right to block me replacing my non-working aircon unit with a similar unit? They have informed me that I need to get the bylaw passed at special committee meeting at my own cost.
Answer: If your external unit is floor mounted, that may impact on waterproofing, which in turn is why the committee is insisting on a by-law.
Split-system air-conditioning is deemed a “minor renovation” under the strata legislation, unless, among other things, the air-conditioning involves waterproofing. If your external unit is floor mounted, that may impact on waterproofing, which in turn is why the committee is insisting on a by-law. Alternatively, it may be that your local council requires some form of consent for air-conditioning, in which case, a by-law would also be required.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #565.
Question: What do I need to include in a scope of work to reposition an air conditioner unit on common property?
Answer: Assuming that you have all the required Strata Permissions, by-laws and the like the scope of work can be variable depending on the size and type of Air-conditioning systems, being installed.
Assuming that you have all the required Strata Permissions, by-laws and the like the scope of work can be variable depending on the size and type of Air-conditioning systems, being installed.
For a Split system, the head unit is within your air space but may be attached to a common wall. If it is then you will need Strata Permission to relocate the head (drilling into the wall).
The head unit and the condenser are connected with copper pipes that carry refrigerant gas. You do not want to have the two too far apart, as you will lose efficiency. So the new location should be as near as possible to the head unit.
The location of the condenser is usually an issue, because of the heat generated and noise. So it is best to get the contractor to identify a number of possible locations before you ask the Owners Corporation for permission. Putting this on a drawing to locate it is best.
For a Ducted system: It is likely you are not allowed to play with it, as it will have been part of the original installation and is most likely the OC’s responsibility. These units require specialists and detailed documentation for approval and implementation. In this situation, you need to speak to your Strata Manager. Any alteration will need drawings and certifications from a properly qualified Mechanical Engineer for approval of a by-law.
Marcus El Safty
MES Consulting Engineers & Project Managers
E: [email protected]
T: 0412 555 288
This post appears in the October 2020 edition of The NSW Strata Magazine.
Question: Although there is a bylaw clearing stating air conditioning systems can be installed, our committee states there is a precedence for the units to not be placed on a common wall.
Our owners corporation has a by-law allowing us to install the internal unit of a split system to any common property boundary wall inside the unit.
Although this is clearly stated on the by-law, the strata committee are not allowing us to place the internal unit on a boundary wall that is shared with another unit. They are saying there is precedent in the block that units are placed on internal unit walls.
Do we have any rights to fight this?
Answer: The terms of the by-law are going to be crucial here.
The terms of the by-law are going to be crucial here so I recommend checking and double checking them not just to ensure that it permits the installation on any common property boundary wall but also to see if there is a clause in the by-law that says something along the lines of “the lot owner may install the internal unit in the place approved by the strata committee (acting reasonably)”.
Why? If the by-law does say specify “any common property boundary wall” or “common property wall” then it sounds like you have grounds to challenge the decision.
If the by-law contains a clause that the strata committee must approve the location and act reasonably then you also have grounds to challenge the by-law provided that you can provide evidence that the installation on that particular wall will not affect the neighbouring lot by noise or vibrations or interfere with any services. If the installation would do any of these things then your prospects of challenging the strata committee’s decision are much much lower.
Allison Benson
Legal Practitioner Director
Kerin Benson Lawyers
Ph: (02) 4032 7990
E: [email protected]
Please note: This is not legal advice. You should seek legal advice particular to your situation.
This post appears in Strata News #322.
Question: Is a Council DA required for lot owners wishing to install Air Conditioning?
Answer: You should consult Council before your installation as some Councils have Air Conditioning as an “exempt” or “complying development”.
Leanne Habib
Premium Strata
P: 02 9281 6440
E: [email protected]
This post appears in Strata News #277.
Question: For the installation of an air conditioner utilising the common property roof cavity, does the apartment owner require some sort of fire safety documentation?
I live in a 3 level, 12 unit, 60’s era block in Sydney. One of the top floor owners wants to install ducted air conditioning in their apartment, using the common property roof cavity.
Their bylaw only covers the ‘major works’ component and not the ‘common property rights’. Also, there is no mention of any fire safety/hazard reports, which I would imagine would be an issue, given the change the use of the roof cavity.
I don’t wish to add the cost of a solicitor rewriting an air conditioning by law and I was wondering whether there is standard wording I could use or purchase to submit to them? He has also said that we have to pay for the calling of the meeting, the Strata Company’s time for attending etc.
So my question is twofold, do they need 2 bylaws for the installation of the air conditioner and do they need to provide some sort of fire safety documentation?
Answer: The short answer is ‘no’.
The short answer is ‘no’. The request can be dealt with by a single common property rights by-law. The owners corporation should seek an indemnity in relation to the concerns regarding fire noted and I note this would generally be covered in the by-law.
Andrew Terrell
Bright & Duggan
E: [email protected]
This post appears in Strata News #277.
Question: How do we go about apartment air conditioner installation? Do we need a lawyer to write an air conditioning by law?
We have just purchased a strata unit in a block of 6 and wish to find out about apartment air conditioner installation for reverse cycle air conditioning.
The Strata Manager has advised that we need to convene a general meeting which I understand, however, he has also told us we need a lawyer to write an ‘air conditioning by law’. I copied the wording a previous tenant had used when they were approved 5 years ago, but the strata manager says the new by-laws mean new wording.
I don’t wish to add the cost of a solicitor rewriting an air conditioning by law and I was wondering whether there is standard wording I could use or purchase to submit to them? He has also said that we have to pay for the calling of the meeting, the Strata Company’s time for attending etc.
Can you advise how I can proceed with the apartment air conditioner installation?
Answer: The strata manager has given the correct advice.
The strata manager has given the correct advice. If the owner does not wish to convene a general meeting specifically to consider the matter they can wait until the next general meeting (likely the next AGM).
The pragmatic way that we look to deal with matters such as this is passing a general renovations by-law which then empowers the committee to consider and consent to works such as flooring changes, bathroom renovation and the apartment air conditioner installation without the need for a general meeting.
The proposed works are subject of S108 of the SSMA which goes to the requirement of a special resolution being passed and the need for a by-law to bind the owner/future owners to maintain the works.
Andrew Terrell
Bright & Duggan
E: [email protected]
This post appears in Strata News #213.
Question: How do we go about installing air conditioning in an apartment? My application was rejected despite the fact that air conditioners have already been installed in at least two other apartments.
How do we go about installing air conditioning in an apartment? When I applied to install our air conditioner, my application was rejected despite the fact that air conditioners have already been installed in at least two other apartments. What can I do now?
Answer: Ask the question as to why those other units were approved and your application for installing air conditioning in an apartment wasn’t.
You really need to find out the grounds of refusal. Ask the question as to why those other units were approved and yours wasn’t. Were those ones originally installed at the time of construction? Were they installed pursuant to permission? In some buildings, there isn’t enough power to the building for all lots to be able to run air-conditioning.
Has the strata committee knocked back the application despite it being an application that they might not have the power to consider?
Regardless, you should be given advice from the strata manager/strata committee in order to progress the installation.
In accordance with Section 108, an owner is able to undertake changes to common property (such as installing air conditioning in an apartment), once a special resolution is passed at a general meeting. Generally, a by-law will be considered at the same time which would give the owner exclusive use of the common property affected by the works and set-out insurance/indemnification and maintenance obligations.
Also, any owner has a right to request motions to go to the next general meeting.
Andrew Terrell
Bright & Duggan
E: [email protected]
This post appears in Strata News #161.
Have a question about installing air conditioning in an apartment or something to add to the article? Leave a comment below.
Read next:
- NSW: Q&A Installing air conditioning in an apartment
- NSW: Q&A Does Strata Maintain My Air Conditioning Unit?
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