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  • #41808
    AvatarJayse
    Flatchatter
    (from NSW)

    No point getting retrospective approval, and I doubt retrospective approval can even be valid.

    Approval is required by the by-law, and failing to get approval is a contravention of the by-law, akin to contravening a contract. But contravening a contract generally has no consequence if it doesn’t result in loss to another party.

    Therefore, renovations (i.e. knocking out part of the wall) can only lead to a rectification order if the renovation causes damage to common property or a loss to a neighbour. However, a rectification order can be made even if the renovation were approved. That means it is preferable to competently carry out unapproved works, than to incompetently carry out approved works.

    Makes you wonder why approval is necessary at all.. I guess it might have some insurance benefits down the track

    #41841
    Jimmy-TJimmy-T
    Keymaster

    Jayse wrote:

    No point getting retrospective approval, and I doubt retrospective approval can even be valid.

    An essential part of a special resolution for changes to common property is the apportioning of ongoing responsibility for the changes. Under NSW strata law, if that isn’t assigned to the lot owner, it defaults to the owners corp.

    So there is a clear benefit to the OC in demanding retrospective approval and there is a benefit to the lot owner too, because if they refuse, the OC can demand the restoration of common property back to its original state.

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