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Our Strata Plan has 12 apartments and the Plan of Subdivision states “Interior Face: All Boundaries”.
One lot owner has started a major renovation which involves demolishing interior walls, demolishing the kitchen and bathroom and removing fixed wall and floor coverings (tiles and hardwood). So a fair bit of Common Property is involved (eg the floor coverings and fixtures on perimeter walls) and the lot is now almost an empty shell. We also have a common fire sprinkler system in all the lots installed to AS2118 specifications. The lot owner asked for permission by email to our OC Manager, who replied saying “Your lot is yours and you can do anything as long as it complies with Building Regulations”.
Does the OC Manager have authority to give such approval? Or should the Manager have referred it to the Committee or to a general meeting? I would imagine that the OC would want to ensure that the building’s structural integrity is maintained and that with any new room layout, the fire sprinklers are re-installed in accordance with AS2118 (as the safety of the whole building is affected).
At our AGM both the Manager and the Committee were delegated all OC powers and functions under Section 11 of the OC Act 2006 (Victoria). This means everything other than a power or function that requires a Unanimous Resolution or a Special Resolution.
So is it the case that either the Manager or the Committee can give approval and that one need not inform the other of their decision (the Manager did not inform the Committee)? And is an email exchange considered written approval?
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And here is the rule from my council:
https://www.yarracity.vic.gov.au/Planning–Building/Building-services/Building-Applications/
Note the second point.
But perhaps this varies from council to council.
The sensible approach would be to call your council and ask them. But a lot of people won't do that because they fear interference, red tape and delays. Other people don't do it because they don't care … and that's when the trouble really starts.
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JimmyT said:
I’ve decided long ago that what makes me unique in Strata is that I’m the only person who’s ever wrong. But which part of what I said is “largely incorrect”?
That it varies from place to place? There are differences between states but the NSW councils have to abide by the state law on this. That said, I’ve looked at the websites of several councils in NSW and they all have slightly different forms for you to fill in so, unfortunately, there’s no one-size-fits-all answer to this.
As far as what City of Sydney said about needing approval before you can alter the internal floor plan, I was just passing on what they told me.
However, Drew hjas raidsed an interesting point and the “complying development” situation is interesting (even though I could only find the briefest mention of strata in the Act). Have a look for yourselves HERE. Once again, it seems we are an afterthought – even bed and breakfast establishments get their own section.
Then there is this intriguing exclusion from complying development.
4.4 Development standardsThe standards specified for that development are that the development:
(b) must not result in a change to the floor area of the dwelling house
Does that mean a change to the size of the floor area or its configuration? I don’t know (although it sounds like the former).
Drew, you may well be correct and clearly there are even substantial changes to the internals of a unit that need not affect anyone else.
However, knocking down supporting walls would obviously not be “complying” and what about, for instance, moving a bathroom so that it’s over a bedroom?
Also, for any substantial change that doesn’t require a DA, it seems you do need a Complying Development Certificate – you can’t just decide you don’t need a DA and go ahead.
Maybe that’s when the alarm bells start ringing and someone tells you you might need a proper approval.
I’m in NSW. I’m also a town planner. So, yeah, I am pretty confident in saying the advice you received is wrong. Not that you are wrong, but that the advice you received from Council is incorrect. Or at least not telling the whole story and presenting all of your options.
There is a one sized fits all approach. It is covered under Part 4 of the Codes SEPP. It allows for the internal alterations of a dwelling. The definition of a dwelling includes a unit and a townhouse. The definition of a dwelling house excludes a unit/townhouses. This is a state government policy which you have linked to.
The forms on council websites are meaningless unless you decide to go down the council approval path (DA, which as I say, can take 3, 4, 5, 6 months), or use council building certifiers as your principal certifying authority. Under complying development you also have the ability to use private certifiers.
Floor area is generally measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor. That means that complying development can be used under Part 4 as you are not changing the floor area of the dwelling (remembering that the definition of a dwelling includes a unit).
All works carried out as complying development require that the works meet the requirements of the Building Code of Australia. This covers off the structural requirements regarding protection.
So, you can clearly remove walls from a unit, making changes to the layout, as complying development. This means you do not require a Development Approval. It means you can get a Complying Development Certificate. Two separate things.
You can do minor internal works to a dwelling without needing either a CDC or a DA as well. This basically covers minor internal renovations like painting, replacing internal doors, renovating a kitchen and things like that. What you can’t do as exempt development is change the configuration of a room i.e. remove a wall.
As the complying development controls are covered under an Environmental Planning Instrument, rather than an Act or Regulation, it is subordinate legislation. As such, there should be a note somewhere within the document that makes reference to requiring compliance with other Acts or Regulations. That would cover off the Strata requirements.
Drew said: That advice is largely incorrect Jimmy. You can undertake that work as complying development except if it is a heritage item. This just in – council forces owner to remove additional internal walls HERE
That would be because they did not receive any approval for the works. A CDC is still an approval for works. It is not a DA.