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We have prepared a development application for alterations and extension to an existing unit.
The extension is to be located on an existing large terrace, and another owner carried out a similar project some time ago on their terrace.
We have provided the OC with all the drawings prepared for council submission as well as a summary of the works.
They are demanding detail that relater to construction details, that will require engagement of specialist consultants and that are required at construction certificate stage, not for a DA stage . It seems unreasonable to request this at DA stage as the DA if approved is not a permit to build, and a CC will be required, at which stage the owner will again need to request OC consent to submit the CC application -at which time we can provide them with all CC documentation . How do you suggest we approach this. I suspect ignorance may be a factor as well as a bit of malice. Should we get legal advice now or try to get them to see reason.
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I’d try one calm, written clarification first, while getting limited legal advice now before the owners corporation makes a decision or you incur more consultant costs. A terrace extension that changes the building’s exterior or structure is likely to be treated as a major renovation under NSW guidance, requiring owners corporation approval by special resolution; council DA approval and strata approval are separate processes. The guidance does not settle exactly what technical material your scheme can require at the DA-consent stage. Strata renovation rules | NSW Government
Ask the secretary or strata manager to list each requested item and explain why it is needed to assess the DA-stage proposal, which items they consider essential now, and which they would accept at construction-certificate/works approval. Offer to provide the later-stage documents before construction begins, and ask that the application be considered on the drawings and information already supplied if that is enough to assess the proposal. Keep the exchange factual and avoid alleging malice; the earlier terrace project is useful context, but does not necessarily determine the approval requirements for yours.
Because this involves a substantial alteration, common-property implications may depend on your scheme’s by-laws, the registered strata plan and the approval being sought. A NSW strata lawyer can review the OC’s request and your documents before you commit to specialist reports. See NSW strata renovation rules and the Flat Chat forum discussion about a major renovation and council approval (2019 commentary, not current legal advice). General information only, not legal advice.