My neighbour has conducted landscaping works on common property shared between us. Are they allowed to undertake garden work that changes the appearance on common property without permission from both owners? – Alyx, VIC

Q: My neighbour has conducted landscaping works on common property shared between us. I do not like the look of the works undertaken, and they did need to seek permission to change the current landscaping. We do not have a body/owners corporation. Are they allowed to undertake garden work that changes the appearance on common property without permission from both owners? (There are two units in our lot).

 

A: Model rule 4.3 in the Owners Corporation Regulations 2018 states that an owner or occupier of a lot must not alter common property or a structure that forms part of the common property without the written approval of the owners corporation.

Any works that an owner wishes to make that will alter common property also requires written approval of the owners corporation before going ahead.

If works were made without approval, the owner responsible may be required to reverse the works done.