Question: I’d like to install a glass sliding door at the rear of my unit. As the door opens into a courtyard and does not changing the appearance of the lot, do I still need a new bylaw and special resolution?
I want to convert an existing window and doorway to a glass sliding door in a room at the rear of my unit. I have obtained quotes and specifications from qualified suppliers. The wall faces into my small courtyard which is enclosed by high fences on all three sides, hence the renovation will not be visible from within or from outside our strata scheme.
I requested approval for a “minor renovation” under Section 110. Our Secretary insists 110 does not apply because the work will change the appearance of the building. They insist Section 108 applies and that a new by-law is required, both requiring special resolutions. Who is correct?
Answer: Just because no-one can see your alteration, you will still be changing the external appearance of the lot
We are inclined to agree with your Secretary – just because you state that no-one can see your proposed alterations, the fact remains that you will have changed the external appearance of the lot, thereby invoking the requirement for a by-law.
Section 110 (7) states that a “minor renovation” does not include work that “changes the external appearance of the lot”:
- This section does not apply to the following work:
- work that consists of cosmetic work for the purposes of section 109,
- work involving structural changes,
- work that changes the external appearance of a lot, including the installation of an external access ramp,
- work involving waterproofing,
- work for which consent or another approval is required under any other Act,
- work that is authorised by a by-law made under this Part or a common property rights by-law,
- any other work prescribed by the regulations for the purposes of this subsection.
This post appears in the May 2021 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440