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Hi All,
I live in an 18 unit block in NSW. It has 3 floors (G, L1 and L2) plus parking level underneath (basement). I am on the 2nd floor. I was looking to install a louvred roof system on the balcony, which is approx 12.5 Square metres.
The question is, does this require council approval or not? I have been receiving mixed messages from both SC and contractors.
Thanks
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You are changing the outward appearance of the building so you will propbably need a DA from the council which will probably be contingent on approval from your Owners Corporation.
If you are attaching the awning to common property or straying into common property air space (check your strata plan) you will also need a common property by-law and you may even have to compensate the strata scheme for taking over common property.
In this instance, I would not depend on the word of contractors unless they have done very similar work in your specific building. I vividly recall a flooring salesman telling me not to worry about strata committees as “it’s all BS and they can’t stop you doing what you want.”
It isn’t and they can.
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.
Jimmy’s comment “I vividly recall a flooring salesman telling me not to worry about strata committees as ‘it’s all BS and they can’t stop you doing what you want’. It isn’t and they can” is correct.
I recall considering installing an a/c unit in a strata unit where many units already have an a/c. After initial legwork I discovered:
1. I may or may not need local council approval;
2. Regardless of (1) I will need OC approval in writing as I am changing the outward appearance of a lot (which also happens to be common property). If I needed local council approval my application must contain the OC’s approval;
3. The OC would need to enact a by-law for this issue; and
4. I would be required to compensate the OC for all costs related to the installation of the a/c, the cost of preparing and registering the by laws and when the time comes, the removal of the a/c unit (not to mention maintain it to the standards set by the OC).
As the above was my initial findings, I gave up and now keep my windows open instead.
One other question, does this type of renovation ever fall under exempt developments legislation in NSW i.e. no DA required? Or does this legislation only apply if attaching to a ground floor or to a house?
Have a look at Subsections 5 and 6 of the relevant SEPP (Exempt and Complying Developments). I suspect you may have to get this past your strata committee rather than the council, provided you comply with the standards laid out in the Act.
I don’t think it only applies to houses, as far as planning is concerned.
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, The biggest issue you will have is getting approval from the other owners. Not sure what look of your block is; but wont get approval if it makes the building “look odd” from the street. In our block, one owner wanted to install an awning (second floor, street side, open to sky balcony). She convinced the owner on the mirror side unit to install the identical awning at the same time. Thus keeping the appearance of the block. Otherwise it would never have gone through.
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