Does an owners corporation need to consent to a DA?

If you are planning renovations to your strata unit, you may need to complete a development application (“DA”) to obtain local council approval.

You may also need the owners corporation of your strata scheme to consent to your DA.

When is consent not required?

If your renovations are all within the boundaries of your lot and do not affect common property, your application will not require consent from your owners corporation.

When is consent required?

If your renovations will penetrate into the common property of your strata scheme, your owners corporation will need to consent to your DA before approval will be granted by council.

You will not necessarily need to obtain the consent your owners corporation before your development application can be lodged.

How do I know whether my works impact common property?

Whether or not renovation works actually penetrate into common property can be a grey area, and will depend on the circumstances of your planned renovations.

Do the owners corporation have to consent to my DA?

This will depend on a number of factors, including any concerns your owners corporation may have with your proposed renovations.

Your owners corporation do have to consider your request for its consent to your DA. Considering such requests is one of the functions of an owners corporation.

Can I get a court order for strata approval of my DA?

You may apply for an order from the NSW Civil and Administrative Tribunal (“NCAT”) to settle a dispute between yourself and your owners corporation if the following occurs:

  • your owners corporation does not consider your application; or
  • your owners corporation fails to provide its consent after considering your application at a general meeting or strata committee meeting.

If you apply for an order, NCAT will consider the following factors when determining whether to make an order:

  • the interests of all lots in your strata scheme;
  • how your renovations will impact the use and enjoyment of lot property within the strata scheme; and
  • how your renovations will impact the use and enjoyment of common property within the strata scheme.

If you are unsure as to whether your renovations will penetrate into common property, Bannermans can assist with providing legal advice to you that will assist you to communicate with your owners corporation.

Prepared by Bannermans Lawyers

24 February 2020