Enter your email Address

  • Home
  • What is strata?
    • Strata Legislation
    • What is Strata?
    • Strata Property Basics: Strata Owners Corporation
    • Strata 101: Strata title
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
    • 2021 Updated Guide: Master the Art of Strata Insurance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • COVID-19
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
    • LookUpStrata Site Advertising
    • Your Own Branded Newsletter
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap

LookUpStrata

Australia's Strata Title Information Site

Whitbread Insurance Brokers
Australia's Top Property Blog Dedicated to Strata Living
You are here: Home / Bylaws / Bylaws NSW / NSW: Q&A Can Installation of Blinds or Sun Shades for Apartment Balconies be refused?

NSW: Q&A Can Installation of Blinds or Sun Shades for Apartment Balconies be refused?

Published October 23, 2018 By The LookUpStrata Team 4 Comments Last Updated January 27, 2021

Sharing is caring!

13shares

Lot owners from NSW are wondering whether they can install blinds or sun shades for apartment balconies.

Table of Contents:

  • QUESTION: I plan to buy a sun umbrella as a sun shade for my apartment balcony that I am able to click into a permanent small base on the wall. What am I required to do regarding permissions?
  • QUESTION: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please?
  • QUESTION: Is there a precedent for installation of sun shades for apartment balconies where they were not on the original Development Application?

GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE

Question: I plan to buy a sun umbrella as a sun shade for my apartment balcony that I am able to click into a permanent small base on the wall. What am I required to do regarding permissions?

I plan to buy a sun umbrella that I am able to click into a permanent small base on the balcony wall for extra security/safety in the wind.

What am I required to do regarding permission to affix this small base plate to the balcony wall? Is it counted as a ‘change to the appearance’ if it can barely be seen from the street and it is small and neat?

Answer: If the umbrella is larger and requires bolts or significant attachment, the strata may require a by-law to indemnify themselves from any ongoing responsibility.

This application will require approval from the owners corporation. I would suggest putting together an application letter with specifications such as the size, style and appearance of the sun umbrella. The level of approval will depend on the significance of the bracket as well as the size of the umbrella.

If the umbrella is only to have a few screws inserted, the strata committee may approve this as a cosmetic renovation if the appearance is suitable. If the umbrella is larger and requires bolts or significant attachment, the strata may require a by-law to indemnify themselves from any ongoing responsibility, or at a minimum an ordinary resolution at a General Meeting.

I would suggest speaking to your strata manager to confirm which of the above is applicable to you so that you can work out how to proceed.

Rod Smith
The Strata Collective
E: [email protected]
T: 02 9879 3547

This post appears in Strata News #231.

Advert NSW Mag Banner

Question: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please?

I live in a 20 apartment NSW strata block.

My main and adjoining bedrooms both lead, via sliding floor-to-ceiling glass doors, on to a west-facing balcony, which has become so hot in summer in recent years as to render the balcony and bedrooms almost unliveable. The afternoon sun beams onto the balcony brickwork and walls, glass doors and into the bedrooms for 5 to 6 hours.

I can’t afford to install and use air conditioners all day in summer.

My Strata Committee has declined my request to approve outside awnings without giving reasons.

What redress do I have, please? I am willing to go to any reasonable legal action.

Answer: Because the awning will be affixed to the exterior of the building and because the awnings will change the external appearance of your lot – you will need a by-law.

Did you submit a by-law for consideration? Because the awning will be affixed to the exterior of the building and because the awnings will change the external appearance of your lot – you will need a by-law.

Further, the Owners Corporation may not unreasonably refuse your by-law for awnings. It must consider your application on its merits and generally assign reasons for any refusal.

If the Owners Corporation does refuse your by-law and you consider that they acted unreasonably, you may make application to NCAT for the making of the by-law (thereby permitting your works) after you have attempted mediation first.

Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440

This post appears in Strata News #214.

Question: Is there a precedent for installation of sun shades for apartment balconies where they were not on the original Development Application?

I live in NSW Sydney North West in a unit complex just 12 months old.

The developer only allowed for blinds to windows 2.5 metres by 9 metres onto a balcony 2.9 metres wide by 9 metres with clear glass balustrades.

This is probably the only one of 5 developments with no shading of the balconies. Our unit is one of 3 in complex 5 stories tall facing another painted predominately white. This results in quite a bit of reflected light bouncing into our unit. Is there a precedent for installation of sun shades on balconies where they were not on the original Development Application?

Answer: Yes, it is possible to install sunshades to an apartment “after market”.

You may apply to the Owners Corporation to approve a by-law for works by special resolution. The by-law is then registered on the certificate of title of the common property.

Under the by-law you will need to make application to Council and, if approved (or exempted) you may proceed to install the sunshades. However, there is a legal concept of “moral rights” of the architect which you must not offend and query whether sunshades might offend the architect’s vision for your particular development. For example, the sunshades might be construed as detrimental or prejudicing the design of the building.

Ultimately, yes, however, it is possible to install sunshades “aftermarket”.

Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440

This post appears in Strata News #166.

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Have a question or something to add to the article? Leave a comment below.

Embed

Read next:

  • NSW: Q&A Older Building Safety and Maintenance Requirements
  • NAT: Your Balcony, Balustrades and Strata Liability

Visit Strata By-Laws and Legislation OR NSW Strata Legislation.

Looking for strata information concerning your state? For state-specific strata information, take a look 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.

Comments

  1. AvatarGeorge says

    November 6, 2019 at 5:21 pm

    Hi,

    I plan to install sun block blinds in balcony, the rail will screwed on the balcony ceiling.

    here is an example: http://www.meridiancurtains.com.sg/outdoor-blinds/

    so, just wondering does this need local council approval?

    Reply
    • AvatarNikki Jovicic says

      November 12, 2019 at 11:08 am

      Hi George

      We’ve received this response from Rod Smith, The Strata Collective:

      Regarding council approval, this should be checked with your local council and then you should advise strata accordingly.

      Reply
  2. AvatarNikki Jovicic says

    November 1, 2017 at 10:44 am

    In the above article, Leanne Habib makes reference to the “legal concept of “moral rights” of the architect which you must not offend and query whether sunshades might offend the architect’s vision for your particular development.”

    We have received an email from the LookUpStrata community offering this link, which explores this point in further detail – Architects and Intellectual Property: Protecting Your Building Plans and Designs by Michael Bampton of Henry Davis York Lawyers

    Reply
    • AvatarMichael J Hurley says

      October 25, 2018 at 7:39 am

      There are other considerations to be aware of .
      In Queensland the local planning laws and regulations will come into play as to whether an owner or for that matter the strata scheme have the authority to approve same .

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
  • Advert: StrataLoans
  • Advert: StrataLoans
  • Advert: StrataLoans
Subscribe Newsletter

TESTIMONIAL

"The newsletter is very helpful and gives great guidance with commonly asked questions." Gayle, Lot Owner – November 2020
"I love your regular emails and now this fantastic magazine! Keep up the great work. " David, Lot Owner – August 2020

Quick Login

Log In
Register Lost Password

Categories

  • COVID-19
  • Ask A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • Jana Koutova on QLD: Q&A Body Corporate Audits and Tax
  • Helen on QLD: Q&A Can I Access Body Corporate Records?
  • IRENE on SCA (WA): Three Changes Strata is Crying Out for at This WA Election
  • Tim coulson on ACT: Common Property Boundary Lines – Class A and Class B
  • Katy on NSW: Q&A What Happens When The Common Property is Not So Common?
  • Deborah And Peter Bayliss on QLD: Q&As Management Rights, Extensions and the Committee’s Decision
  • Bess Fowler on WA: Q&A What are the Strata Manager’s Duties and Do We Really Need One?
  • Tammy Tillman on NSW: Invasion of Privacy by CCTV Cameras
  • Frustrated with strata saying it's not their responsibility on NSW: Q&A Smoke Alarms in Strata Units
  • John on QLD: Q&A Can a Lot Owner Access Body Corporate CCTV Footage?

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2021 · LookUpStrata ® Pty Ltd · All rights reserved