VIC: Q&A Do energy-efficient window upgrades count as sustainability items under the Act?

This article discusses whether replacing old windows with energy-efficient ones qualifies as a sustainability item under the Act.

Question: Is replacing old windows with more energy-efficient windows considered a sustainability item under the Act?

The Act states that it is unreasonable to refuse an application for the installation of a sustainability item only on aesthetic grounds. If an owner wants to replace windows with more energy-efficient versions, does this fall under the category of sustainability? If like-for-like frames are not available due to the age of the existing windows, can the frames also be replaced as part of the upgrade?

Answer: Try to work with your committee to obtain acceptance of your proposal .

Windows can either be private, common or 50% private and 50% common, depending on the plan of subdivision. Due to this, we recommend that, as a first step, you check the plan of subdivision and determine who is responsible for replacement.

Section 138b of the Owners Corporation Act 2006 defines a sustainability item as anything that eliminates or reduces a reliance on non-sustainable energy sources. If you are looking to replace your window glass with double glazing, this could be considered a sustainability item. Owners corporations cannot unreasonably prohibit the installation of this item on the exterior of your lot. If you need to replace the frame to undergo these works, this is likely a reasonable request; however, you may need to seek legal advice if it deviates too much. We recommend that you work with your committee to obtain acceptance of your proposal in the first instance.

Alex Smale
Melbourne Owners Corporation Services
[email protected]
P: 03 9818 2488

This post appears in Strata News #763.

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