Tuesday, September 29, 2020

Strata Schemes Management Act 2015 No 50

Part 6
Division 1
Section 109

Cosmetic work by owners | Section 109

(1)  The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.

(2)  Cosmetic work includes but is not limited to work for the following purposes—

(a)  installing or replacing hooks, nails or screws for hanging paintings and other things on walls,

(b)  installing or replacing handrails,

(c)  painting,

(d)  filling minor holes and cracks in internal walls,

(e)  laying carpet,

(f)  installing or replacing built-in wardrobes,

(g)  installing or replacing internal blinds and curtains,

(h)  any other work prescribed by the regulations for the purposes of this subsection.

(3)  An owner of a lot must ensure that—

(a)  any damage caused to any part of the common property by the carrying out of cosmetic work by or on behalf of the owner is repaired, and

(b)  the cosmetic work and any repairs are carried out in a competent and proper manner.

(4)  The by-laws of a strata scheme may specify additional work that is to be cosmetic work for the purposes of this section.

(5)  This section does not apply to the following work—

(a)  work that consists of minor renovations for the purposes of section 110,

(b)  work involving structural changes,

(c)  work that changes the external appearance of a lot, including the installation of an external access ramp,

(d)  work that detrimentally affects the safety of a lot or common property, including fire safety systems,

(e)  work involving waterproofing or the plumbing or exhaust system of a building in a strata scheme,

(f)  work involving reconfiguring walls,

(g)  work for which consent or another approval is required under any other Act,

(h)  any other work prescribed by the regulations for the purposes of this subsection.

(6)  Section 108 does not apply to cosmetic work carried out in accordance with this section.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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