Frequently Asked Questions
Undertaking Bathroom Renovations on Your Lot
What’s wrong?
An owner has undertaken or wishes to undertake bathroom renovations to their lot that includes
retiling, waterproofing, plumbing and / or relocation of bathroom fixtures etc.
The owners corporation is concerned that if the works are not done properly there may be
waterproofing and water penetration issues which will cause damage to the common property
and other lots.
What are some solutions for the owners corporation?
1. Maintain the risk of an owner altering common property without the owners corporation’s
permission, and seek relief through the New South Wales Civil and Administrative Tribunal (NCAT)
2. Pass and enforce a “one-off” bathroom renovations by-law that sets out the criteria for
undertaking bathroom renovations, which simplifies the process for both owners and the
owners corporation
What sets a BylawsOnline by-law apart?
ü
ü
ü
ü
ü
ü
ü
Simple language
Clearly sets out the type of bathroom renovations covered under the by-law
Protects the owners corporation. Owners must use only licensed contractors with proof
of insurance
Focuses directly on waterproofing and controlling water damage
Makes owners responsible for repair and maintenance
Makes owners responsible cost of investigations of leaks to lower affected lots
Makes owners liable for damage to common property
Why bother with a by-law?
By-law 5 of the model by-laws in Schedule 1 of the Strata Schemes Management Act 1996 (the
Act) prevents an owner or occupier from “damaging or defacing” any structure that forms part of
the common property unless the written approval of the owners corporation is first obtained.
Where works involve additions to common property or change the character of common
property, the owner must seek approval under by-law. Additions or alterations include retiling of the
bathroom floor and wall tiles that are located on a common property wall separating 2 lots,
relocation of the hot water system, shower or toilet involving significant plumbing works within
the bathroom area.
If bathroom renovations are undertaken without the appropriate waterproofing and the works are
not undertaken by a licensed and experienced plumber or building contractor, the owner and the
owners corporation are open to the risk of damage to the common property and potential
dispute as to the responsibility for repair to any damage to the common property and lots.
If people see simple, yet clear criteria for undertaking bathroom renovations, they are more
likely to comply when doing so. The margin of error is also reduced and the owners corporation
Liability limited by a scheme approved under Professional Standards Legislation © Copyright Strata Management Systems Pty Ltd 2015 and common property are protected if any subsequent damage occurs.
Can I start works once the by-law is drafted?
No. You must have the written consent of the owners corporation before commencing works
and the by-law must be passed by special resolution at a general meeting of the owners
corporation. The by-law should also be registered prior to commencing works, as the by-law is
not effective until it is registered on the certificate of title of the common property of the scheme.
What if the owners corporation refuses my by-law?
If the owners corporation refuses to grant approval to carry out works, you should attempt
mediation with the owners corporation. If that process is unsuccessful you may then lodge an
application with an adjudicator to seek an order to approve the works.
What information will we need to prepare the by-law?
In order to assist us in preparing a bathroom renovations by-law for your lot we will need a copy of the
strata plan, the current by-laws and any special conditions the owners corporation would like to include (if
relevant).
How do I get a by-law for the purpose of undertaking bathroom renovations to my lot?
Call BylawsOnline on 0402 852 145 or email [email protected] for an estimate to prepare and
register this additional by-law for your strata scheme.
Liability limited by a scheme approved under Professional Standards Legislation © Copyright Strata Management Systems Pty Ltd 2015