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 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.
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:
If you apply for an order, NCAT will consider the following factors when determining whether to make an order:
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.
Please reach out for any reason at all. Our friendly staff are ready to help.
PO Box 514
NORTH SYDNEY NSW 2059
T (02) 9929 0226
F (02) 8920 2427
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.