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Topic
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Hi all,
i am trying to change an apartment in an old building from a 1 bedroom to a 2. We have a large eat in kitchen which has a window. would like to make that into a bedroom. kitchen would be moved to a lounge/ sunroom area. our apartment is on ground level. plumbing would be moved via a fake ceiling so no external penetration is required. no walls moved/built. no new rooms created.
i am unable to get clear advice on what is legally required. do we need a bylaw created? do we need a da from the council?
any help would be appreciated!
Joe
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In most council areas, changing the configuration of an apartment layout requires planning permission.
As far as your owners corporation goes, special resolution by-laws are only required for changes to common property but you will still need the OK of your committee for the work to be done (so they can monitor and control noise, dust, rubble etc).
Regarding planning permisson, if you get the right (or wrong) builder, they may issue a certificate saying this is a complying development. If your committee is sufficiently dozy, they will let that go through and, in the absence of objections from the owners corporation, the council will too.
I saw this happen a close quarters when a neighbour removed a bedroom so he could expand his lounge room so he could have “bigger parties”. The fact that these parties would now occur next to the adjoining flat’s bedroom slid past the block’s somnolent committee without a flicker.
The noise and general disturbance was horrendous. Both council and strata committee said the only option was to sue the builder for something like false pretences. Like that would fly!
But, to answer your question, if your committee and council are on the ball, you will need the OK from both. And check out section 110 of the strata Act to see exactly what you can and can’t do under the terms of a “minor renovation”.
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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