Forums / Property Investing / Value Adding / Renovating unit – body corporate approval

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  • Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 206

    Hi All,

    I own a 2 bedroom unit in Melbourne which is 1 of 4 on a block of 1400sqm in bayside which is completely freestanding. By freestanding I mean the side boundaries connect to each neighbours outdoor areas – there are no shared walls.

    The unit has a separate kitchen and I am looking to convert the kitchen to a bedroom and put the kitchen in the living area (open plan kitchen). There is also a separate laundry and I am looking to convert this to a second bathroom and renovate the existing bathroom and put the laundry in this bathroom.

    My key question is this: how do I check if I need body corporate approval for these works? All the works will be within the internal walls of my demise. However, the gas and water pipes will need to be moved. I am ok with spending $ on the works but a showstopper for this project for me would be if I had to deal with getting body corporate approval as it would be a slow and painful process dealing with the other 3 units.

    Please can someone assist who has had experience of doing this type of renovation in Melbourne?

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 206

    How do I check if approval is needed? Is there a specific document that governs the body corporate? I can’t find any by-law document from when I purchased the unit.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,173

    http://classic.austlii.edu.au/au/legis/vic/consol_act/oca2006260/

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 206

    I have just brought up the owners corporation search included in the initial auction contract.

    It outlines:

    Limitations on Owners Corporation: Unlimited
    Rules: Model Rules apply unless a matter is provided for in owners Corporation Rules. See Section 139(3) Owners Corporation Act 2006
    Owners Corporation Rules: NIL
    Notations: NIL

    Based on the model rules provided below it appears as I am not interrupting the quiet enjoyment of the other lot owners and given I am only doing works within my demise (not touching any shared areas) I should be ok. How do I make sure I am ok before formally going ahead?

    https://www.consumer.vic.gov.au/housing/owners-corporations/rules-and-resolving-disputes/how-to-make-owners-corporation-rules

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 206

    According to:

    https://www.propertyandlandtitles.vic.gov.au/land-titles/owners-corporations

    All owners corporations have rules for the control, management and use of common property and lots. The rules cover day-to-day issues such as safety, parking and noise.

    If an owners corporation does not make its own rules, a set of model rules which are outlined in the Owners Corporations Regulations 2007 (Schedule 2)

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 206

    https://www.consumer.vic.gov.au/housing/owners-corporations/property-maintenance/maintaining-and-renovating-individual-lots

    As a lot owner in an owners corporation (formerly body corporate), you:

    are entitled to renovate or refurbish the interior of your apartment or unit. You must notify your owners corporation if the renovations require a building or planning permit
    must keep the exterior of your lot in ‘good and serviceable repair’. Its appearance must not affect other lot owners’ use and enjoyment of the property.

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