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I have wondered about this in the past, because there would be situations where a stair railing is not legally required but the addition of one (or a better one) would enable an elderly or disabled person to cope with accessing their home independently. The reasoning given above that who pays probably depends on whether more than that owner would benefit seems sound. But then what permissions would be needed for such an addition?
Am I right in assuming that in NSW at least:.
- if the railing will be on lot property and not visible from outside, it is a cosmetic renovation and requires no strata approval.
- If it is on common property and the EC decides that the OC will pay and maintain then the EC vote to do so is the permission.
BUT
- If it is on lot property but on the exterior of the lot (I’m thinking of a townhouse) would the commonly used by-law regarding not changing the appearance of the lot come into play? In which case does it require EC approval?
- If it is on common property and only benefits that lot, so the EC decides that the owner should pay and maintain, what kind of approval would be needed?
NOTE: If it is decided that the individual lot owner is required to pay, it might be helpful to point out that some councils or aged care providers will install safety rails (and other safety measures) at reduced costs for some elderly or disabled clients. However I don’t know if this would apply to situations where the stairs in question are on common property. But its worth suggesting to the relevant owner that they find out.
In the case of the elderly see https://www.myagedcare.gov.au/ or contact your local council. You would be asking about “Home Modification” services. An occupational therapist would assess the person’s whole living environment (so the committee may end up with requests for approval for other things as well). Disabled people can use the same site to search for providers, but the funding might be from the NDIS if they qualify.