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By-laws that are enforced within a strata plan are a set of registered rules that govern what can and cannot be done within the plan.
Commonly known by-laws include those that describe the expected behaviour of owners and occupants, noise, vehicles, obstruction of common property and the keeping of animals.
Owners are expected to comply with these by-laws as they are binding and registered on the common property title of the strata plan.
Should a lot owner not comply with the by-laws, the Owners Corporation have a legal right to enforce these by-laws against the lot owner, which could ultimately result in legal proceedings in the NSW Civil and Administrative Tribunal (NCAT).
Generally, most renovations require a by-law outlining what will be included to be approved by the Owners Corporation.
Minor renovations
Under section 110 of the Strata Schemes Management Act 2015 (NSW), there is a clear definition of what is meant by ‘minor renovations’ which includes renovations such as: renovating a kitchen, changing recessed light fittings, and installing or replacing hard floors. These forms of renovations generally do not involve waterproofing or require development consent.
For a minor renovation to take place, a lot owner must submit a proposed ordinary resolution to be passed by the Owners Corporation at a general meeting.
Major renovations
A ‘major renovation’ is defined as any renovation that does not fall within a ‘minor renovation’. Some examples of ‘major renovations’ includes waterproofing wet areas, replacing external windows or doors or replacing a ceiling etc. It is often any renovation that requires development consent from the local authority.
The Owners Corporation are required to approve this type of renovation through the passing of a special by-law by way of special resolution at a general meeting. This by-law is then registered on the common property title for the strata plan.
Contact us
PDC Law draft and register by-laws for strata plans to make the process simple and hassle-free from start to finish. Please contact us on 4288 0150 or admin@pdclaw.au for any enquiries.
Kristy has experience in dispute resolution, civil and commercial litigation, including but not limited to debt recovery, bankruptcy and corporate insolvency, contractual disputes and employment law and has appeared in the Local and District Court, and the Fair Work Commission.
