NSW lot owners are asking, ‘Do you need permission when installing air conditioning in an apartment?’
Jump directly to the QUESTION you are after:
- 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.
GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE
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 which 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 bet 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 not to 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: Installing Air conditioning Systems in Strata – Check Your Bylaws!
- NSW: Q&A Does Strata Maintain My Air Conditioning Unit?
Visit Maintenance and Common Property OR NSW Strata Legislation.
Looking for strata information concerning your state? For state-specific strata information, try here.
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.
Leave a Reply