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I recently bought a small 1 bed unit that needs renovating.
I plan to put in a new kitchen and bathroom and paint, etc.
I had builders go in and rip out the old kitchen and bathroom last week but the other work hasn't started yet. The work will all be replacing old for new – there are no layout changes, no moving walls or plumbing or electricity, I'm not even putting in any new powerpoints.
The day after that work was done I received a letter from strata demanding I stop the work until I had applied for approval and it came with a long list of requirements.
I responded assuring them that the work is not structural and according to the by laws it doesn't require approval. I assured them in writing that (as is the law anyway) I would rectify any damage my work might cause to common property or neighbouring units. I also had my builder supply copies of his licence and insurance certificate.
I then got a response from strata saying that I needed to supply drawings and a comprehensive list of what is being done so they could judge for themselves whether the work needed approval from either council or the OC.
Of course as the work is just replacing old for new I have no plans or drawings.
They also sent an email directly to my builder (sent at 10.30 on a Saturday night…) asking the same thing which I think is really inappropriate. He is being paid (by me) to renovate a tiny unit, not to deal with bureacracy.
A google search shows that all recent sales in the building are renovated units.
I am very reluctant to write to them with a detailed list of everything that I'm doing – just because I don't have to – and even though I know none of it breaches any by laws, Strata seemingly aren't that familiar with the by laws and I'm worried they'll cause unecessary problems, delays and expenses.
Does anyone have any suggestions as to the best way to deal with them to get them to leave me alone?
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Don't know whether you are right in saying you don't need any approval. There would be common walls involved? And the floor that the tiles come off, common property?
By getting approval for anything in a unit from the EC/OC wouldn't you then be “covered” should there be something down the track that causes a problem to the common property of your apartment?
My first home was a little one bedroom unit. It had a decrepid kitchen with rotting timber cupboards that I decided, for financial reasons, had to stay until I could afford a new kitchen. That lasted about a week as parts of the timber cupboards came off and into my food. I rang a builder, he gave me a quote that meant only eating baked beans for 6 months instead of 12. He said he could start next week. He pulled out the cupboards before I even thought about permissions/requirements/common property etc. Two of the four walls in the kitchen were “common”. I wrote to the managing agent. I apologised for my oversight and not contacted them/the OC sooner. I explained the health risk of the cupboards causing me to aske quickly. All, thankfully was OK.
Don't forget that permission was needed to even put a nail in a common wall to hang a picture up! So pulling off cupboards, ripping off tiles?
Hmmm. There are three things here. One is that the Act says you have to give two week's notice if you are going to change the structure (whatever that means) of your lot. Then there are your by-laws and there's no telling what they say about renovations, when you are allowed to do them and whose approval you need for what. Read them and all will be revealed.
Finally, there's common courtesy. You won't be the first person in strata too have just gone ahead and done this but that doesn't make it OK. This work is going to be noisy and messy and that's going to affect many of your new neighbours to some extent. Struggler is right – you've gone ahead and done part of the work in good faith – no point crying over spilt milk. But now is not the time to get all feisty about this. Be a good neighbour explain your plans and ask the EC what you need to do to finish the job in a away that isn't going to upset them. They have no idea if you plan to knock out walls, block up widows or drill down to the next floor. A quiet word over a cup of tea will get everything back on an even keel.
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.
Hi Jaybee
The only thing I'd add to the above is that common property can extend to items that you might ordinarily think are lot property.
For example, the original floorboards and flooring are common property. Ceramic tiles originally affixed to common property walls, floors or ceilings at the time of registration of the plan are common property. Skirting boards and architraves on common walls are common property. Ceiling cornices on common walls are common property.
Any dealing with these items (eg putting nails into, sanding, etc) will require the permission of the owners corporation.
Let me know if you have any questions.
Regards
Chris Kerin
Senior Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
monthly webinar:
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