Summary
Before you make any renovations, alterations or additions to your lot, or the common property, it is important to find out and understand your obligations to the Strata Company and seek the proper approval (if and when necessary). Failing to do so, can result in State Administrative Tribunal proceedings, and/or costly remedial works.
Some renovations do not require approval from your Strata Company e.g. upgrading internal kitchen cupboards, or painting. However, you should always check with your Strata Manager before undertaking renovations just to be sure. It may surprise you to find out that some seemingly simple alterations and additions (like installing a new Air Conditioner) may requires a more thorough approval process then you realise.
At the bottom of this page is an enquiry form you can complete with some minimal information so that your Strata Manager can further assist you with providing the correct process for obtaining Strata Company approval to carry out your proposed works.
Classifying Renovations
Lot or Common Property?
The first step towards seeking approval, is to determine whether your Renovations, Alterations, or Additions are affecting the common property, your lot, or both.
This can be determined by providing an appropriate description of the works you are intending to complete, as well as an adequate description of the areas that will be affected.
The Strata Plan determines the Lot boundaries, and with the above information, your Strata Manager can assist you in providing further information about what process you may need to follow.
The form at the bottom of this page, will assist us in providing you with the correct process.
Lot Alterations
In the event that you wish to carry out a structural alteration to your lot, you will need to provide information in accordance with Section 89 of the Strata Titles Act 1985.
Sections 87 & 88 provide that an owner shall not erect, alter or add to a structure on their lot unless every other owner has provided their written approval, and a copy of that approval has been served on the strata company. Alternatively, the strata company has - by Resolution Without Dissent - given its prior approval.
Common Property Alterations
Common property is owned collectively by all owners in the strata company, and ownership shares are apportioned by Units of Entitlement. Therefore, any alteration or upgrading works to common property requires the agreement of all owners (different rules apply for sustainability infrastructure). This can be achieved by voting on a motion as a Resolution Without Dissent.
Types of Renovations/Alterations/Additions
What is a Structural Alteration?
As a reference point, the Strata Titles Act defines a structural alteration to a lot. However, we can use this definition to understand what the Act considers a structural alteration to be - even if it's to Common Property.
Remember: ALL Structural Alterations require approval from the Strata Company.
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.
Non-Structural Renovations within a Unit
Typically, renovations of a non-structural kind, are ok to proceed with. These could include replacing cabinetry, carpet, light fixtures, curtains. However, the replacement of flooring (such as tiles), walls, doors, ceiling, skylights and tiles are considered structural as they form part of the building.
If there is any doubt about the works you are proposing, please check with your strata manager before proceeding.
Utility & Sustainability Infrastructure
When it comes to additions such as Air Conditioners, Solar Panels, Satellite Dishes, etc, they are considered Utility and/or Sustainability Infrastructure. They are also considered structural in nature as they affect and form part of the structure of the building upon completion. Therefore, approval is always going to be required as per below:
Approval for your Lot
If the Utility & Sustainability Infrastructure will only be installed/attached to your lot (usually where the lot boundaries of the building are to the external surface of the structure), then you would likely requires Section 89 approval.
Approval for the Common Property
If the Utility and/or Sustainability Infrastructure is proposed to be installed on Common Property, then the approval process is very different. The suggested course of action, is to seek approval by way of an Infrastructure Contract under Section 64 of the Strata Titles Act.
Please contact your Strata Manager, so that they can provide some assistance for this process.