This article discusses reasonable compliance conditions for lot owner renovation approvals and who is responsible for obtaining proper certifications.
Question: What compliance conditions should a body corporate apply to lot renovations? Is the body corporate responsible for independently certifying the work?
I am on a body corporate committee in Queensland. Lot owners must apply to the committee for approval before carrying out renovations to their lots. These works are usually non-structural but can include wet area waterproofing, plumbing and electrical work, and penetrations through fire-rated ceilings and concrete floor slabs for services such as air conditioning.
What compliance conditions should the body corporate include when it approves these renovations, for example, compliance with the Building Code of Australia, Australian Standards, licensing and certification requirements? Is the body corporate responsible for obtaining its own independent certifications for renovation work, or can it rely on lot owners to arrange and provide them?
Answer: The costs of obtaining appropriate reports and evidence of compliance should be placed upon the lot owner requesting permission to carry out works.
Often, the by-laws will include standard conditions that apply to every approval, together with some flexibility for the committee to impose additional conditions and requirements as the circumstances require (depending on the nature of the work involved).
For instance, it may be appropriate that an owner obtain an appropriate report from an acoustic consultant where any hard-flooring works are involved to ensure that the installed flooring meets any prescribed standard under the by-law, or some other reasonable standard imposed by the committee as part of its consent to the works. If internal walls are being removed or reconfigured, it may be appropriate to require an engineer’s report confirming that the work will not affect or compromise the building’s structural integrity.
Other types of conditions, such as ensuring the works meet all relevant provisions of the building code and Australian Standards, have Council approval (where required), and are carried out by licensed contractors with appropriate public liability insurance, are generally always appropriate regardless of the exact nature of the works.
Certainly, the costs of obtaining appropriate reports and evidence of compliance should be placed upon the lot owner requesting permission to carry out works. They should not be a cost borne by the body corporate. However, it is important to ensure that, even though the owner, rather than the body corporate, will bear the costs, any conditions imposed for obtaining expert reports remain reasonable and appropriate in the circumstances. For instance, where the works are non-structural in nature, it would be unreasonable to impose a condition that the works be certified by an engineer.
Jarad Maher Grace Lawyers E: jarad.maher@gracelawyers.com.au
This post appears in the December 2025 edition of The QLD Strata Magazine.
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