› Flat Chat Strata Forum › Talkin’ ’bout a renovation › Who can give approval for major internal lot renovations? › Current Page
[I have to jump in here and point out that Austman is talking about Victorian strata law – don't assume that any of this applies in NSW or anywhere else … but don't assume that none of it does, either. – JImmyT]
There is an amazing lack of information about this! And it’s incredibly important.
Here is my research and what I think are the facts.
Lot Renovations
1. Owners corporation permission is required by the lot owner
A lot owner should always obtain written owners corporation permission before starting any lot renovation because it is most likely that any renovation (other than simple decorating) will affect the common property inside the lot in some way or might affect the services that are used by more than just the lot. The owners corporation is responsible for this common property and the services.
Lot renovations that involve major demolition and wall rearrangements could need assessment of the building’s structural integrity and the lot’s fire sprinkler system which are both of safety importance to all who reside in the building.
All renovations will need to comply with building regulations.
2. What common property exists inside a lot?
Common property inside a lot is shown on the Plan of Subdivision. Where the Plan of Subdivision states “Interior Face: All Boundaries” and “All structural walls, slabs, beams, columns and ducts are deemed to be part of common property”, common property inside a lot includes:
1. All lot perimeter walls, floors, ceilings, perimeter windows, perimeter doors.
2. All lot structural walls, slabs, beams, columns and ducts.
3. All surfaces within a lot that have been fixed to perimeter walls, floors or ceilings.
3. What services could exist inside the lot that are for the benefit of more than one lot and the common property?
1. Electricity.
2. Water.
3. Gas.
4. Drainage.
5. TV.
6. Fire sprinkler systems.
4. The Law
The Owners Corporation Act 2006 states:
1. An owners corporation must repair and maintain the common property.
2. An owners corporation must repair and maintain a service in or relating to a lot that is for the benefit of more than one lot and the common property.
The owners corporation Model Rules states:
1. An owner or occupier of a lot must not damage or alter the common property without the written approval of the owners corporation.
2. An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the owners corporation.