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Step 1 Draft the By-Law

Using DIY By-Laws you can easily add your lot details, select what areas you are renovating and attach the relevant plans to create a by-law and motion instantly! Your by-law will describe any impact there may be to common property (for example, waterproofing in bathroom, moving plumbing or external walls).

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Step 2 Before the Meeting

You will now need to give your draft by-law and consent form to your strata manager to be included in the agenda for the next annual general meeting. If there is not one coming up anytime soon, ask your strata manager the fee to call a meeting.

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Step 3 The Agenda

The strata manager will attach your motion to the agenda and be sent out to owners in your strata scheme 21 days before the meeting.

Make sure you have also given your consent form to the strata manager before the meeting.

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Step 4 The General Meeting

Your motion will be discussed at the AGM and details will be reviewed. Then a vote will be taken by all owners attending (and via proxy) the AGM on your motion. This will be specially resolved and you will get approval or could be asked to provide changes or more detail. A majority vote will get this approved.

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Step 5 Consolidation

Once this has been resolved, the new by-law needs to be added to full list of by-laws, thereby consolidating the new one with the existing by-laws.

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DIY By-Laws can assist you with this step too!

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Step 6 Registration

The new by-law must be registered with Land Registry Services within 6 months.

A lawyer, your strata manager or DIY By-Laws can also assist you with this step.

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Step 7 Start Your Renovation!

Now that you have completed all the necessary steps you can start your renovations.

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Do you need Council approval for your renovations?

Categories: Approval, Council, Renovations

If you are renovating your strata unit, you may require approval from your local council. Whether you will require council approval or not will depend on:

  • the kind of renovations you plan on doing; and
  • the requirements of the local council in your area.

Approval requirements will vary from council to council. It is always a good idea to check what approvals you will need for each renovation project.

What will happen if I don’t get council approval?

There are serious consequences for owners who begin renovations without council approval where council approval was required.

Owners who do not look into council approvals before starting their works expose themselves to the following risks:

  • Your works may be considered “unauthorised development” by your local council. This can result in substantial fines and even criminal prosecutions.
  • Council may issue an order, such as an order to reinstate the property to its original condition, at your expense.
  • Unauthorised developments can cause more problems down the track. For example, you may have trouble with securing finance over your unit, leasing your unit to a tenant, or selling your unit.

Do all renovations need council approval?

No, not all renovations require council approval.

Some renovations may be considered “exempt” development, which are minor works that do not require council approval. Common examples include installation of hot water systems, courtyard landscaping, and some renovations inside your unit.

Other renovations may be considered “complying” development, which are minor works that may be approved through a simplified process that involves obtaining a complying development certificate.  This may include some internal renovations to your unit.

What is a Local Environment Plan?

You can find out whether the kind of renovations you are planning are considered “exempt” or “complying” development in your local council’s Local Environment Plan, sometimes referred to as a “LEP”.
Your local council’s Local Environment Plan contains information including:

  • what zone your unit is located in, and
  • your local council’s requirements for that zone.

Please note that unless the kind of works you are planning are included in your zone’s exempt or complying development categories, you will likely require development approval from your local council. You can and should make enquiries with your local council to confirm whether your renovations will fall into one of these two categories.

Do I need any other approvals?

You may also require additional approvals, such as:

  • approval from your strata scheme’s owners corporation;
  • building approval, which is typically dealt with by private certifiers.

If you are in doubt as to what approvals are required for your renovations, please contact us. Bannermans can assist you with legal advice specific to your situation.

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ABOUT US: DIY By-Laws is a division of leading strata law firm, Bannermans Lawyers. We are an innovative law firm, constantly striving to develop and create solutions for our clients and our industry and this platform is part of our vision to deliver digital legal services to the Australian property and strata industries.

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