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Hi – and thanks again for such a great site.
I don’t know where to start with this – i’m sure it’s been covered before but I cannot locate the posts.
We are thinking about extending into the roof space above our apartment to create an additional room or two to accommodate family.
We are based in NSW in a small – 6 unit building. solid brick. tiled roof. the units are quite big, over 100 sqm each. We have a large backyard with external laundry.
Could someone who has done this before please offer me some starting advice? I presume we will need council approval. I am not sure of what the OC might expect by way of remuneration or compensation or if there is a guideline for this.
Thanks!
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You will need council approval and a special resolution by-law from your owners corp.
The formula, as established by the High Court is x = a – (b+c) where
x = the amount you pay the owners corp
a = the agreed estimated value of the improved apartment
b = the agreed value of the unimproved apartment
c = the agreed cost of the improvements, including plans and legalsHope that makes sense to the algebra-challenged.
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.
I should think that there are a fair bit of issues with regards to the building because of the increase of living space and obviously the building codes and all of that that you’ll need to get approvals for. So you’d definitely need to find out who the relevant bodies are (council, construction/builders, etc) so that you can go to them and put through your proposal for your extensions before you get things done. I’m no expert, but I would play it safe and make sure that everything is all green-lighted by everyone especially if the extension is going to be a permanent fixture to the building going forward.
You need your owners corp approval which could and should include exclusive use by-laws, compensation (see item 2) and a recalculation of Unit Entitlements
You will also need council DA approval and they aren’t going to give that without the Owners Corp’s OK.
So be clear, if you don’t have the owners corp on side, life could get very difficult,
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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