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“I have just bought a unit and I want to renovate,” says a reader. “Is there anything I need to know and permissions I need to get before I proceed.”
Is there ever!
First, if you are planning a DIY reno in your spare time, inspired perhaps by those sexy people on The Block, you are about to become the most hated person in your building.
You may find hammering, sawing and drilling the perfect way to relax, but do it in evenings and at weekends in a strata building and you will drive people nuts. More to the point, they can and probably will stop you.
But let’s not get ahead of ourselves. The first thing you need to do is examine your by-laws. There may well be a set of rules about when you can work and how you have to arrange it.
Ignore these at your peril or you could find lifts being unavailable, skips being towed away and an endless procession to Fair Trading and the Tribunal as your neighbours try to shut you down.
That said, most apartment owners have a level of tolerance for renovations because they may want to do the same sometime.
But even if there are no specific renovation by-laws, you must inform your executive committee if you plan to do anything that might interfere with common property (and most renovations will).
Also, you can’t change common property like floors, ceilings, windows, external walls and balcony tiles, without Owners Corporation written approval. Beware. Your Owners Corp can force you to reinstate unapproved alterations.
You may also need council approval for major changes like removing internal walls and, if it’s a DIY reno, an Owner-Builder permit if the work requires development approval and will cost more than $5000.
In any case, many buildings have by-laws requiring that any work that affects common property be done by a registered builder.
So, before you lift a hammer, sit down with your strata manager or EC secretary and work out the nuts and bolts of your reno and what you can and can’t do.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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This is from a reader called “Blocker”
I bought a unit in a block of four, 28 years ago. I lived there very happily for 24 years. The block would have been built early 1950’s.
Problem 1
Recently, the unit above was sold to a young man who promptly decided to remove a wall with a jack hammer. He had warned my tenants that there would be noise on one Saturday.
Needless to say this extended over odd week and weekend days, without further notice. Result: cracks appeared in the kitchen, lounge and vestibule of my unit. He has made an offer to repair the damage, which I accepted and asked him to liaise with the current residents.
I sent him an email asking him where things were, as my tenant thinks this young man was avoiding him! The reply was that he was taking it to the strata meeting next week.
I think this young man’s motto is to ask for forgiveness after the situation, rather than permission before hand!
I have been told that it is illegal to use jack hammers on older buildings. Is this so and where do I find the fact?
Problem 2
Is there such a piece of legislation that can ask an upstairs unit owner to replace carpet in their unit?
It would appear that he has removed all floor coverings as distinct high heels (of the girl friend one would presume!) and foot falls can be heard in the unit below. Also, their amorous adventures and squeaking of the bed!!!
The people who had the unit previously were a young couple, who married and subsequently had two children while they lived there. I might hear a baby crying at times but that was all. The babies grew up and had started school by the time they moved out but I was never inconvenienced by noise however, there was carpet throughout apart from the kitchen of course.
The young man upstairs never mentioned that he was removing carpet to the strata – should he have done so and can I ask him to replace it?
I hope you can help …. as I don’t know where to turn right now.
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