I want to enclose my balcony with weatherproof clear glass windows to make a sunroom.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 Sydney
- Occasionally owners in a strata scheme wish to renovate their apartments and add features that will increase the value of their property and allow for more comfortable living.
- Enclosing a balcony is a major structural change and may affect the appearance of the building.
- If your strata plan was registered after 1 July 1974 the balcony wall including windows and door is common property unless otherwise stated in the strata plan.
- Written permission from the owners’ corporation must be sought prior to commencing any alterations to the common property.
- Under s65A of the Strata Schemes Management Act 1996 (NSW) the owners’ corporation authorise or make changes to common property.
- Renovations may also require council approval particularly if the renovation affects the exterior appearance of a building.
- It is good practice to check with the local council prior to requesting permission from the owners’ corporation.
- Once you submit a written proposal to the owners’ corporation your proposal will be discussed at a general meeting and dealt with through a special resolution.
- An exclusive use by-law may be made that will require you to be responsible for the instalment, maintenance and repair of the additions to the balcony.