Overview
Note: The following information pertains to improvements within/to your lot, and not to common property.
What is a Structural Alteration?
The Strata Titles Regulations define structures as "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)".
The State Administrative Tribunal (SAT) has determined whether something constitutes a ‘structure’ for the purposes of section 87(2) of the Strata Titles Act as a mixed question of law and fact. However, it is important to give regard to the ordinary meaning of the term. A determinative factor in SAT's decisions on whether an alteration is structural is the substantial size of the Works that are proposed to be erected on the lot.
When making an application to the strata company, full details of the proposal must be provided in accordance with section 75 of the Regulations. We have provided the below details of the proposal that are required.
Please keep in mind that this is not an easy process. Most people engage a consultant to submit a complying application to avoid it being rejected a number of times, and at ESM we would recommend that you engage such a person to submit the below information on your behalf.
Getting Approval
Carrying out Structural 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 sections 87 & 88 of the Strata Titles Amendment Act, along with any specific bylaws to your scheme 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 unless every other owner has provided their written approval, and, a copy of that approval has been served on the strata company, or the strata company has by resolution without dissent given its prior approval at a General Meeting.
The Section 87 & 88 request form can be found by clicking here.
Completing the Application
Strata or Survey Strata?
Depending on whether your lot is part of a Strata Scheme or a Survey Strata Scheme will dictate the requirements and information you need to provide for your application.
Strata Scheme - Section 87
- Plans and specifications for the structural alteration. ESM recommend that an engineer’s drawing is obtained to ensure that the structural soundness of the building is not compromised
- Plot ratio restrictions and open space requirements in relation to the parcel
- The pro-rata entitlements of the lots
- 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
- 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
- Location and dimensions of the proposed structure in relation to any existing structure on the lot or to the boundaries of the lot
- Any contravention of the Strata Company bylaws that is likely to occur as a result of that structure, and any proposed manner of dealing with that contravention
- Any likely interruption or interference with any statutory easement, short team easement or restrictive covenant
- Whether the structural alteration changes the boundary of the lot and whether the applicant has sought advice from a licensed surveyor about the effect of that structural alteration
Survey Strata Scheme - Section 88
- Plans and specifications for the structural alteration. ESM recommend that an engineer’s drawing is obtained to ensure that the structural soundness of the building is not compromised
- Plot ratio restrictions and open space requirements in relation to the parcel
- The pro-rata entitlements of the lots
- 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
- 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
- The Dimensions of the proposed structure
- Any likely interruption or interference with any statutory easement, short team easement or restrictive covenant
What Happens Next?
Receipt of the Application
The Strata Titles Act is clear in stating that voting MUST open within 35 days after receipt of the application by the Strata Company. For this reason, it is important to ensure that all required information is included in your application. The decision of the Strata Company must be notified to the applicant within 77 days of receipt of the application.
Voting on the Application
The Strata Company will need to put your application to a vote. The Required resolution to pass the vote, is a Resolution Without Dissent. That means, if any voter votes AGAINST the motion, then the motion will fail, and you will not get approval.
HOWEVER:
Whilst owners can vote no to your proposal, they need to have a good reason that they must share at the time the dissenting vote is registered. The Regulations state the following as required grounds for refusal:
- That the carrying out of the proposal will breach the plot ratio restrictions or open space requirements for the lot; or
- The proposed structure is visible from the outside of the lot and is not in keeping with the rest of the development, may affect the structural soundness of a building, or may interfere with a statutory easement, or
- That the carrying out of the proposal will contravene a specified by-law or specified by-laws of the strata company;
- That the carrying out of the proposal may interfere with a short form easement or restrictive covenant or any other easement or covenant that is shown on the scheme plan
These are the only grounds on which a person may vote against this resolution.
What if my Application is Denied?
If your plans were turned down for a specific reason, you can amend the proposal to secure a yes vote from all owners. E.g. if the proposed addition did not match the colour scheme already approved for the complex, consider changing it to remain in keeping with the complex.
Remember, any objection has to have specific grounds under which they are objecting. If you can overcome those concerns, then any objection raised may be deemed invalid.
If all else fails…
If all negotiations with your fellow owners have failed and you still wish to pursue the matter, you can bring a case to SAT. SAT members are used to seeing cases where owners default to Schedule 2 By-law 14 (appearance of lot), as a reason for their dissenting vote. However, SAT recognises that it is not fair for owners to use this as a way of effectively 'freezing a strata company in time', and will consider each case that comes before it.
Example Case:
Yvonne owned a lot in Shenton Park and wanted to install a bi-fold door in place of her existing sliders.
Yvonne's Strata Manager advised her to put in an application under Section 87 of the Act.
Yvonne submitted the application and the matter was then raised at the next AGM. Several of the owners objected to her plans based on the premise that it would not be in keeping with the complex, citing Schedule 2, 14.
Yvonne then asked if there was a preferred colour that would be more acceptable or in keeping with the building. The owners agreed that if the door frames were stained a dark colour then they would be less noticeable. However, two owners were still unhappy with her proposed changes and voted against the application. As she needed the agreement of all owners, Yvonne decided to lodge a case at SAT.
After reviewing the case, the Member agreed with Yvonne that there would be little to no impact on any other lot owners and that she should be allowed to proceed with the alterations. A condition was placed on the approval, that the owner of the lot will be responsible for all maintenance works associated with the bi-fold doors. Yvonne agreed, and a by-law was drawn up and lodged at Landgate to confirm this requirement.