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).
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.
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.
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.
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.
.DIY By-Laws can assist you with this step too!
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.
Step 7 Start Your Renovation!
Now that you have completed all the necessary steps you can start your renovations.
Do your planned works require council approval? Find out more →
Do your planned works need to comply with the Design & Building Practitioner’s Act 2020? Find out more →
Recently, the New South Wales Civil & Administrative Tribunal (“NCAT”) made orders under sections 232 and 241 of the Strata Schemes Management Act 2015 (NSW) (“SSMA”) for a lot owner to remove an unauthorised carport they had built. This lot owner had constructed a carport adjacent to his lot without any approval from either the […]
We often see by-laws approved at a general meeting that sadly did not complete the final by-law stage. As mentioned in our explainer video – 7 Easy Steps for your Renovation Journey it is essential to register and consolidate your by-law to become enforceable. Registration of by-laws Once a by-law has been approved at a […]
The first step to register a renovation by-law is to lodge the by-law with NSW LRS as part of a ‘Consolidation/Change of By-Laws’ dealing. As of 22 March 2021, any such dealing must be lodged electronically through an electronic lodgment network, such as Property Exchange Australia Ltd (PEXA). Access to electronic lodgment networks is ordinarily […]
Approval for a minor renovation is required from either the owners corporation OR the strata committee if delegated that function (see FAQ 4). This approval may be subject to reasonable conditions, however cannot be unreasonably withheld. Approval for major works is required from the owners corporation by special resolution and, in almost all cases, an […]
An accessibility infrastructure by-law is one form of ‘accessibility infrastructure resolution’ (defined in section 4(1) of the SSMA) which seeks to change the by-laws of the strata scheme for the purposes of the installation or use, or both, of ‘accessibility infrastructure’. ‘Accessibility infrastructure’ means a change to part of the common property (including installation, removal, […]
A sustainability infrastructure by-law is one form of ‘sustainability infrastructure resolution’ (defined in section 132B of the SSMA) which seeks to change the by-laws of the strata scheme for the purposes of the installation or use (or both) of ‘sustainability infrastructure’. ‘Sustainability infrastructure’ means a change to part of the common property (including installation, removal, […]
There are 7 steps to making a renovation by-law (see FAQ 5): Step 1 – Draft the renovation by-law. Step 2 – Submit the renovation by-law for inclusion in the next general meeting notice / agenda. Step 3 – The notice / agenda is issued. Step 4 – The general meeting occurs and both the […]
When a strata scheme is created, the developer lodges a set of by-laws with the strata plan which can be later changed (including amending, repealing, or adding to) by the owners corporation. For by-laws to be changed: 1. a motion needs to be passed by special resolution at a general meeting of the owners corporation; […]
Whether or not your planned renovation works will require planning approval is highly dependent on your proposed scope of works. Your work will typically fall into one of three categories in the context of planning approval: 1. Exempt development Works so minor or low-impact that they do not require a complying development certificate or development […]
The Design and Building Practitioners Act 2020 (D&BPA) applies to all building work (including renovations) to particular kinds of buildings, subject to exceptions. Whether or not your planned renovation works will need to comply with the requirements under the D&BPA is highly dependent on the building class (of the scheme’s building) and the scope of […]
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