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