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Unlawful works?

 

Are the proposed works by the owners of Bless Flowers lawful?

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The purpose of this case study is to highlight how the proposed works by the owners of Bless Flowers in Lot 2 are likely to cause problems for all parties involved, including future owners.

Introduction

Whilst there are several Acts and Regulations relevant to any works in the building, for example the Environmental Planning and Assessment Act 1979, this case study will only consider the details of the Strata Schemes Management Act 2015 (the “Act”) and the Strata Schemes Management Regulations 2016 (the “Regulations”).

Works that do not require owners corporation permission
 

Section 109 in the Act states that permission is not required for cosmetic work which includes:

  • installing or replacing hooks, nails or screws for hanging paintings and other things on walls

  • installing or replacing handrails

  • painting

  • filling minor holes and cracks in internal walls

  • laying carpet

  • installing or replacing built-in wardrobes

  • installing or replacing internal blinds and curtains

  • any other work prescribed by the regulations for the purposes of this subsection.


Section 118 in the Act also permits owners to fit complying window safety devices without permission (but notification is required under Section 31 in the Regulations), and the building by-laws permit any owner to install locking and screen devices without permission (but they must be in keeping with the appearance of the rest of the building).

Works that require owners corporation permission

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Section 110 in the Act states that minor renovations require permission of the owners corporation which includes:

  • renovating a kitchen

  • changing recessed light fittings

  • installing or replacing wood or other hard floors

  • installing or replacing wiring or cabling or power or access points

  • work involving reconfiguring walls

  • any other work prescribed by the regulations for the purposes of this subsection.

 

Section 28 in the Regulations states that minor renovations also include:

  • removing carpet or other soft floor coverings to expose underlying wooden or other hard floors

  • installing a rainwater tank

  • installing a clothesline

  • installing a reverse cycle split system air conditioner

  • installing double or triple glazed windows

  • installing a heat pump

  • installing ceiling insulation.


Furthermore, any work involving structural changes, changes to the external appearance of a Lot, changes to the fire safety system, waterproofing or plumbing and exhaust systems in a building, also requires owners corporation permission by special resolution. The National Construction Code also places additional requirements on 13 Manning Road as it is a Class 2 multi-residential building.

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Works that require Woollahra Council approval

Any work that changes the external appearance of 13 Manning Road requires an approved Development Application from Woollahra Council. This will include compliance with Section B3.8.7 Inter-War flat controls in the Woollahra Development Control Plan 2015 (as amended).

Proposed works by the owners of Bless Flowers in Lot 2

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The works proposed by the owners of Bless Flowers includes:
 

  • changes to the external appearance of the building (for example, the addition of French doors to replace the kitchen window)

  • kitchen upgrades

  • electrical additions

  • modification of concrete slabs and timber floors

  • plumbing

  • relocating the laundry

  • tiling and waterproofing

  • black security screens

  • installation of aluminium doors to replace timber.

Implications

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​At present, the owners of Bless Flowers in Lot 2 do not have an approved Development Application from Woollahra Council and do not have a complying By-Law or any other type of permission from the owners corporation for the proposed works. DA 32/2017 for Lot 2’s bedroom extension expired in 2022 and whilst Special By-Law 10 approved these works it is specific to DA 32/2017 and does not permit variations without owners corporation approval. This is likely to result in infringement notices from Woollahra Council and compliance notices from the owners corporation.

 

For the owners of Lot 2 it is also much harder to sell a property comprising of unlawful works and outstanding corrective actions. This is because lawyers do searches on properties at the time of sale and any owner can place an agenda item on the AGM each year requesting a copy of the common property rights by-law and Council approval and if not provided a confirmation date for when the unlawful works will be removed. This keeps the non-compliance on the owners corporation agenda and potential buyers don't like properties with corrective actions.

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At this stage the owners of Bless Flowers have signed a contract with a company called MJ Precise Enterprise in Westmead and Woollahra Council has been notified. The managing agent has requested a common property rights by-law.

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The editor has no commercial interest in any of the properties referred to in this article.

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