Are you considering renovating your apartment, unit, or townhouse? If you are one of the 1.2 million people living in NSW Strata schemes, it's crucial to understand the requirements and processes involved. RMB Lawyers compiled this guide to the essential steps and considerations for renovating your lot:
Every strata scheme operates under a specific set of by-laws. These rules govern various aspects of living in the building, including:
- Parking
- Pet ownership
- Noise restrictions
- Smoking policies
- Renovation procedures
When planning a renovation, you'll likely need to prepare a new by-law for your building works. This requirement applies to any changes that extend beyond the 'air space' of your lot and involve the use of common property. Common examples include:
We strongly recommend seeking professional legal assistance when preparing a new strata by-law. The Property Division at RMB Lawyers specializes in these matters and can help you:
- Draft a legally-sound by-law tailored to your specific renovation needs
- Ensure the by-law is prepared promptly and affordably at a fixed cost
- Protect the rights and interests of all parties involved
- Provide assurance to other lot owners in the building (whose vote will be required)
Once your by-law is prepared, it must go through an approval and registration process:
- Discussion and Voting: The proposed by-law will be presented at either an Annual General Meeting (AGM) or Extraordinary General Meeting (EGM).
- Special Resolution: A 'special resolution' must be passed by the owner's corporation. This means no more than 25% of owners can oppose the proposed by-law.
- Registration: Upon successful approval, the owner's corporation will register the by-law.
- Commencement of Renovations: After registration can you begin your renovation work.
Contact RMB Lawyers for professional property advice. Your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.