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 owners corporation or the local council. NCAT ordered this lot owner to remove all of the associated pipework, cabling, and conduits, and to repair any other damage to common property that he had caused resulting from these works.

The lot owner in The Owners – Strata Plan No. 85119 v Patel [2026] NSWCATCD 5 initially requested approval from both the owners corporation and Council to build the carport. However, despite not receiving this approval, he proceeded to carry out these works anyway.

The owners corporation relied on a by-law (“By-Law 28”) that it had passed, outlining the conditions for the installation of carports, which included obtaining necessary permits.

The lot owner argued that the carport was an extension of a previous structure and claimed that Council had advised him that council approval was unnecessary.

The Tribunal ruled in favour of the owners corporation for the following reasons:

1. The carport was constructed in breach of By-Law 28.
2. The carport was installed without obtaining formal approval from the owners corporation, which was required for his lot owner to carry out the works and to be granted exclusive use.
3. The lot owner did not obtain development approval before constructing the carport, as it did not qualify for exempt development under the Codes SEPP.

The Tribunal concluded that it is insufficient for a lot owner to rely on attempts to obtain approval before completing construction. Actual Approval from both the owners corporation and the relevant local authority, such as the Council, is required.

The process of obtaining the proper approval for construction works can be very difficult to navigate. If you require any assistance in obtaining the necessary approvals for works that would like to carry out, feel free to reach to out to enquiries@bannermans.com.au or on 02 9929 0226.

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

Prepared by Bannermans Lawyers

15 April 2026