Owners in an Owners Corporation (OC) are entitled to renovate or refurbish the interior of their lot.
However, an owner must first notify the OC and provide the relevant documentation in relation to the renovation and in accordance with any specified requests stipulated in the OC rules.
Other works require the approval of the OC and cannot commence until that approval is granted. Works that require approval include altering common property, altering a structure that forms part of the common property and any change to the external appearance of the lot.
Failure to notify the OC of your intention to renovate or seek approval may mean that you have contravened the Rules and may be required to reinstate the works undertaken.
Understanding Owners Corporation Rules.
Your Owners Corporation may have ‘Registered Rules’ which are specific to your property.
If your property does not have Registered Rules, then the Model Rules will apply.
Below is an excerpt of the Model Rules which may be applicable to any works you are looking to undertake.
4.3 – Damage to common property
- An owner or occupier of a lot must not damage or alter the common property without the written approval of the owners corporation.
- An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the owners corporation.
- An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.
- An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.
- The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.
5.2 – External appearance of lots
- An owner or occupier of a lot must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot.
- An owners corporation cannot unreasonably withhold approval, but may give approval subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property.
- The owners corporation cannot unreasonably prohibit the installation of sustainability items on the exterior of the lot, including by prohibiting the installation of a sustainability item only on aesthetic grounds.
- The owners corporation may require that the location of a sustainability item, or the works involved in installing a sustainability item, must not unreasonably disrupt the quiet enjoyment of other lot owners or occupiers or impede reasonable access to, or the use of, any other lot or the common property.
- The owners corporation may impose reasonable conditions on the installation of a sustainability item on the exterior of the lot related to the colour, mounting and location of the sustainability item provided that these conditions do not increase the cost of installing the sustainability item or reduce its impact as a sustainability item.
5.3 – Requiring notice to the owners corporation of renovations to lots
An owner or occupier of a lot must notify the owners corporation when undertaking any renovations or other works that may affect the common property and/or other lot owners’ or occupiers’ enjoyment of the common property.
Costs
All costs associated with the private building works is the responsibility of the Lot Owner.
The cost of rectifying any and all damage done to common property as a result of the works is the responsibility of the Lot Owner.
Council Local Laws
The construction needs to follow any local council laws/bylaws and any applicable building permits.
This includes the restrictions on construction between designated times.
Please reach out to your local council for further information.
Protection of common property
You will need to ensure that common property is properly protected at all times whilst works are carried out.
Where an Owner commissions building works, a representative of the Owners Corporation and the Owner may inspect the part of the Common Property which will be affected by the building works (for example, the area through which building materials will be transported) prior to commencing the building work to establish the state of repair of the Common Property and again after the work has been completed to determine if any damage has been caused to the Common Property.
Suitable floor, wall and other protections should be installed in the Common Property before any building materials are taken through those parts of the Common Property.
Should building works result in common property being damaged or dirtied then the Owners Corporation will hold you liable for the associated cost of repair/cleaning. The Owners Corporation has the right to arrange repairs and cleaning in the first instance.
NB: Some Owners Corporations require Lot owners to pay a bond prior to works commencing. Should repairs or cleaning be required then the associated cost will be deducted from the bond. Please confirm with your Manager if a bond will apply.
Heritage Overlays
If your OC has a heritage overlay there may be further restrictions, please check your My Property portal or enquire with your local council for more information.
Noise
Some level of noise may be necessary to complete the works.
Please ensure you are aware of noise restrictions contained within your OCs registered rules (if applicable) and your local council’s regulations.
If the noise is going to be particularly loud or prolonged, we encourage you to speak with your neighbours or pop a note in their letterbox/in front of their door ahead of time so they can be prepared.