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Our SC is having trouble interpreting S110.
Most renovations involve kitchen and bathroom work.
As regards kitchens what level of work meets the minimum definition of “Minor Works” (S110(1). For example if only cupboard doors are being replaced does this constitute a minor renovation or is the key that the work has to impact the common area. Fair Trading did not want to provide an answer.
Replacing a shower screen on in a bathroom. Does this constitute a bathroom renovation requiring a by-law or again does the common property need to be impacted.
Our unit block is now 20 years old and we expect a lot of activity re kitchen and bathroom change requests coming through
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Wow! Fair Trading doesn’t want to give a definition! How … um … tediously predictable.
Here’s my definition, for what it’s worth. Anything that impacts common property that might compromise the waterproofing of the bathroom or kitchen – even if only in a worst-case scenario – is a major renovation requiring guarantees that can only be enforced if there is a special resolution.
So changes to the bathroom floor and/or walls adjoining other lots and common property are usually major renovations.
Simply changing a shower screen probably would not be unless you had to replace tiles under it or where it was attached to an adjoining wall.
Changing kitchen cupboard doors could easily be considered a cosmetic change (permission not required) but changing the cupboards could be a non-major renovation (requiring permission that could not be unreasonably refused).
I can understand why Fair Trading rarely offers advice since, when they do, they often get it wrong.
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.
Section 110 specifically says renovation of a kitchen is a minor renovation. That could broadly be defined as a complete kitchen makeover.
Though if exhaust or plumbing is changed it becomes a major renovation
Even Owners Corporations are prone to different interpretations of the Act. That’s why lawyers holiday in Aspen.
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