Question: Our neighbour’s renovations were approved. He proceeded to carry out work not included in his application or by-law. It affects our lot as the plumbing is in our bedroom wall. He’s seeking retrospective approval, but what happens now?
Our neighbour submitted an application for renovations of their lot. Their application was approved. Their ensuite wall is on the other side of our main bathroom. We’ve heard them jackhammering the wall, and they’ve installed new plumbing pipes and connections. None of this was included in their application or renovation by-law.
The additional unapproved work was discovered when a smoke detector test was carried out. The owner has requested retrospective approval for the renovations.
As the wall adjoins our bedroom, we are concerned about the noise of the pipes. We are the only lot affected, so I have little support from the committee. The committee has organised a meeting to discuss the next steps. What happens now?
Answer: You should ask for the pipes to be re-located at your next meeting, failing which you can take the matter further and apply for mediation.
Of course, your neighbour can seek to have the unauthorised pipes retrospectively approved but he will need a special resolution to amend his existing by-law. Until the pipes are approved, they are in breach of the by-law. You also have the right to object to the pipes on the basis that they appear to cause you nuisance.
The strata legislation states that an owner cannot permit that lot to be used in a manner or for a purpose that causes a nuisance to the occupier of another lot. Further, the legislation states that a lot or common property cannot be used in such a way as to interfere unreasonably with the use or enjoyment of another lot. It seems that the pipes will affect your enjoyment of your bedroom due to, for example, the sound of toilet flushing in close proximity to your bedroom.
You should ask for the pipes to be re-located at your next meeting, failing which you can take the matter further and apply for mediation and then make an application to the NSW Civil & Administrative Tribunal.
This post appears in the February 2024 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
Who is responsible for the insurance of a expensive sun awning installed by an owner even if they have body corporate permission from the BC committee ?
Hi,
I recently renovated two bathrooms and a laundry in my unit. I gained written approval for these works. I have also commenced replacing the kitchen which I wasn’t aware I needed approval for. What should I do?
I am also replacing the flooring from carpet to laminate flooring. Do I need approval for this to be completed?
I don’t understand this answer as the act clearly states that anything involving waterproofing is NOT a minor renovation and therefore it requires a special resolution of the owners corporation to approve it. Ref Sections 108 – 110.
Hi Ipmcinfo
We have received the following reply back from Leanne Habib, Premium Strata:
We do not disagree with your position. Either it is a minor renovation requiring an ordinary resolution at a general meeting (or majority vote at strata committee level if there is a minor renovation approval by-law in place) or it is a renovation requiring a by-law by special resolution. Any waterproofing works require a by-law to be passed by special resolution.
Another aspect which may be relevant is the level of insurance for the scheme. When pre-approval is gained the insurer can be advised of the increased risk during works and can note an increase in value of lot owner fittings. This would not necessarily increase premiums but may be a notifiable event.
You would have to go through mediation and if you cannot agree, then the decision will be left up to the courts.
The owner should provide the Committee a structural engineering report which hopefullly states no damage to the building has occured post renovations. Owner should have really asked for approval pre works.
An owner in our strata complex of 9 units began a renovation about 2 months ago. As it turns out they gave no notice to the Strata committee, they’re doing the work cheaply as sort of owner builders and have ripped out most of the internal plasterboard to their property.
I recently overheard the owner being told off by the licensed electrician for doing the work of the sparkie but without a license. The plaster is now up and the sparkie has no idea what has gone in between the apartment walls.
This sort of thing just should not be allowed to occur. Not only is their property at risk but the eight others in the block as well.
I would also bet that they have done no waterproofing in their newly installed kitchen. Luckily we are on the ground floor and have a sprinkler system installed. Sheesh.