Good renovation by-laws will protect all parties such as the owners corporation, the lot owner (and future owners) plus ensure any renovations to a lot, in particular structural, are safe for the building.
A good renovation by-law will outline items such as:
- A clear statement of the authorised work
- The time frame for completion
- Setting out any conditions that must be met
- All contractors details and their insurances
- Development consents
- Recording all works, including structural works
- Conditions that the lot owner and their contractor/s must adhere to
- How waste is to be dealt with
- Hours of work to minimise noise and disturbance to neighbours and the building
- Access and parking requirements to ensure minimal disturbance to other lot owners and common property areas
- Who is responsible for any ongoing maintenance
- Ensuring that all work complies with relevant standards and legislation such as the Building Code of Australia and the Design & Building Practitioners Act 2020
- Any nuances and more!
Why is it important to ensure that renovation by-laws are thorough?
Apart from wanting the renovation to run smoothly, the type of by-law to be used will depend on the renovation that is being undertaken. For example:
- Is the renovation a bathroom or kitchen renovation involving waterproofing or changes to floor coverings; and
- do you need a cosmetic, minor or major renovations by-law?
The tighter the renovation by-law the less likely there will be issues however in the event of an issue a well written by-law will more than likely get things back on track, minimising any disputes. A badly written renovation by-law may only exacerbate the situation and cause unwanted delays and disputes and may even end up in NCAT.
JS MUELLER & CO