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Hi…we are new to strata living…..our unit has a wooden deck with a wooden pergola structure built over it. Our title deeds say we own the deck….do we own the wood on the deck and the wooden structure built over it.? We want to put a roof over existing structure….do we need body corporate permission? Can we remove part of the balustrade to gain entry into the common garden property? Do we need permission to do this?
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Charlie
Check your by-laws and see what it says about doing work in the building or changing the appearance of your ‘lot’.. Generally, if the deck is yours then the pergoal will be too. But anything you do that affects common property or the amenity (e.g. outlook) of other owners has to ne approved by the Owners Corp or Executive Committee. For instance, drilling a hole in the hall to support the roof affects common property so you have to get their OK. In any case, letting people know what you are doing is just being a good neighbour – there’s no need to get territorial about stuff. Just let people know and then you’ll find out if there’s likely to be a problem.
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Charlie, Jimmy’s advice is correct, and as you apparently have a copy of the Strata Title Plan and the Lot Plan that forms part of that, the thick black lines shown on the latter define the boundaries of your Lot, and there will be a Stratum Statement to define the top and/or bottom boundaries of that Lot; look for something worded like “the stratum of the Lot is limited to 3 metres above and below the upper surface of raft slab forming the floor of the Unit”.
In that example, you own and are responsible for everything up to 3m above the floor of your residence (like the pergola) and 3m below (like sewerage/water pipes serving only your residence).
Hope this further information assists, but as Jimmy advises, it’s always best to advise the Owners Corporation (of which you’re a part by the way) of what you intend to do, even if you don’t require its consent.
Advice to the Strata Manager if your Plan has one, and to the Secretary of your Executive Committee if it doesn’t.
Depending upon the By-Laws that your Owners Corporation has adopted, there’s likely to be one that says ” the owner or occupier of a Lot must not, without the prior written approval of the Owners Corporation, maintain within the Lot anything visible from outside the Lot that, viewed from outside the Lot, is not in keeping with the rest of the building”.
So I’ll sick with my original advice:
… it’s always best to advise the Owners Corporation (of which you’re a part by the way) of what you intend to do, even if you don’t require its consent.