Summary
In the event that you wish to carry out a structural alteration to your Lot, you may need to seek approval in accordance with Sections 87 or 88 of the Strata Titles Act, along with addressing any specific bylaws that deal with alterations and appearance. Sections 87 & 88 provide that an owner shall not erect, alter or add to a structure on their lot without the prior approval of the Strata Company. If an owner was to proceed without the correct approval, the Strata Company may be obligated to stop the works, or have the alterations returned to their original condition at the expense of the Owner.
Lot or Common Property?
If there is any doubt about whether you are in fact altering the Common Property or your Lot, please review this article, and further seek clarification. Your Strata Manager will be able to confirm the correct process for you to follow.
What you need to know first
The Strata Titles Act and Regulations require that Owners provide very specific and rather extensive information in order to get the approval required before making alterations or additions to their Lot. Before you make an application to the Strata Company we highly suggest you read this information carefully, so that your application is complete and correct the first time.
What is a Structural Alteration?
As per the Strata Titles Act:
A structural alteration of a lot, means:
(a) the erection of a structure within the lot; or
(b) an alteration of a structural kind to, or extension of, a structure within the lot.
A structure includes anything classified as a structure by the regulations.
For the definition of structure; the things classified as a structure are any dwelling, shop, factory, commercial premises, garage, carport, shed or other building or improvement (whether free standing or annexed to or incorporated with any existing building on the lot) —
(a) the construction or erection of which is required to be approved by the local government or any other authority; or
(b) the area of which is to be taken into account for the purposes of determining the plot ratio restrictions or open space requirements for the lot.
What about Utility and/or Sustainability Infrastructure?
Additions such as Air Conditioners, Solar Panels, Satellite Dishes, and other Utility or Sustainability Infrastructure, are considered structural in nature as they affect and form part of the structure of the building upon completion. Provided that they are being installed on or within your lot, you will likely need to complete a Section 89 application seeking Strata Company approval.
What do I have to Submit to the Strata Company?
When making an application to the strata company, the full details of the proposal must be provided in accordance with Regulation 75.
Please keep in mind that this is not an easy process. A lot of information is required, and this article will go through that information for you.
Many people engage a consultant to assist and/or submit a complying application to avoid it being rejected a number of times, and at ESM Strata we would recommend that you engage such a person to submit the below information on your behalf.
Is it a Survey-Strata Scheme or a Strata Scheme?
The application process is slightly different for the two different schemes. You need to know whether your Scheme is a Survey-Strata Scheme, or just a Strata Scheme. It will show you on the Strata Plan, or on your Certificate of Title.
If you are in doubt, please contact ESM Strata, and we can provide this information to you.
Additionally, you will need to know the Strata Scheme number, and your Lot number, as these are required for your application.
Strata Scheme Application
Application Process
Under Section 87 of the Strata Titles Act, owners of a Strata Scheme are required to seek written approval before making any structural alterations to their lot. Either by:
- getting the prior written approval by the owners of each lot in the scheme and serving this on the Strata Company, or
- by passing a Resolution Without Dissent.
Generally it is easier to pass a Resolution Without Dissent, rather then obtaining the correct written approval from every owner.
The application is subject to Section 89(1) of the Strata Titles Act, which states:
“An application for the approval of the structural alteration of a lot must set out details of the proposal and such other information as may be prescribed(as per the Regulations).”
Resolution Without Dissent
An owner can only object to the Resolution Without Dissent if they disclose 1 or more of the following grounds:
Section 87
(5) The grounds on which approval may be refused are —
(a) that the carrying out of the proposal will breach the plot ratio restrictions or open space requirements for the lot; or
(b) in the case of a lot that is not a vacant lot, that the carrying out of the proposal —
(i) will result in a structure that is visible from outside the lot and that is not in keeping with the rest of the development; or
(ii) may affect the structural soundness of a building; or
(iii) may interfere with a statutory easement; or
(c) any other ground specified in the regulations.
Regulation 74 specifies the following:
(a) that the carrying out of the proposal will contravene a
specified by-law or specified by-laws of the strata
company;
(b) that the carrying out of the proposal may interfere with a
short form easement or restrictive covenant or any other
easement or covenant affecting the parcel that is shown
on the scheme plan or registered against the parcel.
Prescribed Information Required
The following is the list of Prescribed Information under Regulation 75, required to be submitted under Section 89(1) when seeking approval for a Structural Alteration:
Plans and Specifications for the Structural Alteration
Any drawings, diagrams, quotes, designs, etc. that provide sufficient information to owners, so that any concerns can be addressed.
Additionally, the location and dimensions of the proposed structure upon its completion in relation to any existing structure on the lot or to the boundaries of the lot.
You are also require to confirm whether the structural alteration of the lot changes the boundaries of the lot and whether the applicant has sought advice from a licensed surveyor about the effect of the structural alteration.
It's worth keeping in mind the grounds under which an owner can object to the proposed alteration when putting this together, so that you can hopefully address those concerns.
Plot Ratio Restrictions & Open Space Requirements
More information about Plot Ratio Restrictions & Open Space Requirements can be found from your local shire. Under the Regulations, as part of your application, you will be required to provide some information about this. Please read the below fully, to understand your requirements. At the bottom of this section is a paragraph explaining when you are NOT required to do the following:
Regulation 75. (2) The following additional information is prescribed for a
structural alteration of a lot on a strata plan —
(a) the plot ratio restrictions and open space requirements in relation to the parcel;
(b) the pro rata entitlements of the lot (calculated as provided for by regulations 7 and 8);
(c) if the application is approved, the area of the structure, including the area of all existing and proposed structures to be taken into account for the purposes of calculating the plot ratio restrictions and open space requirements;
(d) whether or not the carrying out of the proposal will breach the pro rata entitlements of the lot and, if it does, the percentage and area by which the pro rata entitlements of the lot is exceeded;
PLEASE NOTE:
If the area of the structure, upon its erection, alteration or extension, would not be required to be taken into account for the purposes of calculating the plot ratio restrictions and open space requirements in relation to the parcel; and
(b) the application for approval includes a statement to that effect and the reason why it would not be required to be taken into account; and
(c) the strata company does not request in writing that the applicant supply the information referred to in subregulation (2)(a) to (d).
Regulation 7 Open Space (Extract)
7. Calculation of open space
(1) For the purposes of the definition of open space in section 3(1), to calculate the open space of a lot in a strata titles scheme, the open space of the parcel that is the subject of the strata titles scheme is to be apportioned between lots —
(a) in accordance with the scheme by-laws; or
(b) if the scheme by-laws do not provide for that apportionment, in accordance with the pro rata entitlements of each lot.
(2) The open space of the parcel that is the subject of the strata titles scheme is calculated as follows —
(a) if the parcel is residential development to which the R-Codes apply — in accordance with the R-Codes;
(b) if paragraph (a) does not apply — in accordance with the relevant local planning scheme;
(c) if neither paragraph (a) nor (b) applies — in the same way as it would be determined by the local government if a development application (within the meaning given in the Planning and Development Act 2005 section 4(1)) were made for approval of a structural alteration of the lot.
(3) The pro rata entitlements of a lot are calculated on the
proportion that the area of a lot bears to the area of the parcel.
Regulation 8 Plot Ratio (Extract)
8. Calculation of plot ratio
(1) For the purposes of the definition of plot ratio in section 3(1), to calculate plot ratio in relation to a parcel, the gross total of the areas of all floors in any building on the parcel is to be calculated as follows —
(a) if the parcel is residential development to which the R-Codes apply — in the same way as plot ratio area is calculated under the R-Codes;
(b) if paragraph (a) does not apply — in the same way as floor area is calculated under the relevant local planning scheme.
(2) For the purposes of the definition of plot ratio in section 3(1), to calculate plot ratio in relation to a lot, the gross total of the areas of all floors in any building on the lot is to be calculated by
apportioning the gross total of the areas of all floors in any building on the parcel (calculated as provided by subregulation (1)) between lots in accordance with the pro rata entitlements of each lot.
(3) The pro rata entitlements of a lot are calculated on the proportion that the area of a lot bears to the area of the parcel.
By-Laws & Easements
Your application will need to also note the following information:
- Will there likely be any contravention of the by-laws of the Strata Company, whether of a permanent or temporary nature, which is likely to occur during or as a result of the erection, alteration or extension of the structure, and if so, any proposed manner of dealing with that contravention.
- Will there likely be any interruption to or interference with any statutory easement, short form easement or restrictive covenant or any other easement or restrictive covenant affecting the parcel that is shown on the scheme plan or registered against the parcel, whether of a permanent or temporary nature.
Survey-Strata Scheme Application
Application Process
Under Section 88 of the Strata Titles Act, owners of a Survey-Strata Scheme are required to seek written approval before making any structural alterations to their lot, if on completion of the work, the structures on the lot will
not conform to plot ratio restrictions or open space requirements
for the lot.
Except with the prior approval of the Strata Company expressed by passing a Resolution Without Dissent.
The application is subject to Section 89(1) of the Strata Titles Act, which states:
“An application for the approval of the structural alteration of a lot must set out details of the proposal and such other information as may be prescribed(as per the Regulations).”
Prescribed Information Required
The following is the list of Prescribed Information under Regulation 75, required to be submitted under Section 89(1) when seeking approval for a Structural Alteration:
Plans and Specifications for the Structural Alteration
Any drawings, diagrams, quotes, designs, etc. that provide sufficient information to owners, so that any concerns can be addressed.
Additionally, the location and dimensions of the proposed structure upon its completion.
Plot Ratio Restrictions & Open Space Requirements
More information about Plot Ratio Restrictions & Open Space Requirements can be found from your local shire. Under the Regulations, as part of your application, you will be required to provide some information about this. Please read the below fully, to understand your requirements:
Regulation 75. (2) The following additional information is prescribed for a
structural alteration of a lot on a strata plan —
(a) the plot ratio restrictions and open space requirements in relation to the parcel;
(b) the pro rata entitlements of the lot (calculated as provided for by regulations 7 and 8);
(c) if the application is approved, the area of the structure, including the area of all existing and proposed structures to be taken into account for the purposes of calculating the plot ratio restrictions and open space requirements;
(d) whether or not the carrying out of the proposal will breach the pro rata entitlements of the lot and, if it does, the percentage and area by which the pro rata entitlements of the lot is exceeded;
Regulation 7 Open Space (Extract)
7. Calculation of open space
(1) For the purposes of the definition of open space in section 3(1), to calculate the open space of a lot in a strata titles scheme, the open space of the parcel that is the subject of the strata titles scheme is to be apportioned between lots —
(a) in accordance with the scheme by-laws; or
(b) if the scheme by-laws do not provide for that apportionment, in accordance with the pro rata entitlements of each lot.
(2) The open space of the parcel that is the subject of the strata titles scheme is calculated as follows —
(a) if the parcel is residential development to which the R-Codes apply — in accordance with the R-Codes;
(b) if paragraph (a) does not apply — in accordance with the relevant local planning scheme;
(c) if neither paragraph (a) nor (b) applies — in the same way as it would be determined by the local government if a development application (within the meaning given in the Planning and Development Act 2005 section 4(1)) were made for approval of a structural alteration of the lot.
(3) The pro rata entitlements of a lot are calculated on the
proportion that the area of a lot bears to the area of the parcel.
Regulation 8 Plot Ratio (Extract)
8. Calculation of plot ratio
(1) For the purposes of the definition of plot ratio in section 3(1), to calculate plot ratio in relation to a parcel, the gross total of the areas of all floors in any building on the parcel is to be calculated as follows —
(a) if the parcel is residential development to which the R-Codes apply — in the same way as plot ratio area is calculated under the R-Codes;
(b) if paragraph (a) does not apply — in the same way as floor area is calculated under the relevant local planning scheme.
(2) For the purposes of the definition of plot ratio in section 3(1), to calculate plot ratio in relation to a lot, the gross total of the areas of all floors in any building on the lot is to be calculated by
apportioning the gross total of the areas of all floors in any building on the parcel (calculated as provided by subregulation (1)) between lots in accordance with the pro rata entitlements of each lot.
(3) The pro rata entitlements of a lot are calculated on the proportion that the area of a lot bears to the area of the parcel.
Easements
Your application will need to also note the following information:
- Will there likely be any interruption to or interference with any statutory easement, short form easement or restrictive covenant or any other easement or restrictive covenant affecting the parcel that is shown on the scheme plan or registered against the parcel, whether of a permanent or temporary nature.
I have completed my application. What happens next?
Once a proper application has been served on the Strata Company under section 89.(1), then voting must open within 35 days after receipt of the application. For this reason, it is important to ensure that all required information is included in your application. The decision of the Strata Company must then be notified to the applicant within 77 days of receipt of the application.