We plan to refurbish our bathroom which is on ground level and it was suggested that we need a by-law first. Is a by-law isn’t necessary as the bathroom is on the ground level? – Toni, NSW
Q: We plan to refurbish our bathroom which is on ground level and it was suggested that we need a by-law first, which is an expensive process. We’d like to redo the waterproofing. My husband is an architect and he thinks a by-law isn’t necessary as the bathroom is on the ground level. He understood this was a requirement to protect other owners when their bathroom was over someone else’s flat?
A: It is still recommended that you first get a by-law before you begin renovation works. This is because the by-law also protects you as the owners undertaking the renovations.
A by-law can help your renovation works run smoothly. It ensures that your strata committee are aware of important details such as when the works will take place, who will be undertaking the work, who will be responsible for future repairs and maintenance as a result of the renovation work and much more. Having these details looked over and agreed upon before you start will reduce or mitigate any issues in future when it comes to clarifying approvals and responsibilities should there be a need for repairs and maintenance.
Also, since waterproofing is involved with your renovation, it may likely be classed as a “major renovation”. As major renovations can impact the structure and framework of both your lot and the common property, a much more stringent approval process is required. We recommend you speak to your strata committee or strata manager.
When it comes to tailored strata by-laws suitable for your needs, try Kemps Petersons Legal who are able to provide legal expertise at an affordable price for strata managed properties.