Can a body corporate refuse renovations based on appearance?
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Yes, appearance is a valid reason for a body corporate to refuse a renovation.
Whether appearance is valid for refusing a renovation or improvement depends on the proposed work, the scheme’s by-laws and its likely visual effect on the building. If the body corporate refuses an application on appearance grounds, it must have considered the specific proposal and the information available, and its decision must be reasonable in the circumstances.
When can appearance be a valid reason to refuse a renovation application?
Protecting the overall look of a building can be a legitimate body corporate concern, particularly where the scheme’s by-laws include requirements about external appearance.
For a lot owner, this means the details of your proposed renovation matter. Depending on the proposed work and the relevant by-laws, the body corporate can consider things such as its colour, materials, size, location and how visible it will be from outside your lot.
What information can help my application when appearance is a concern?
Provide enough detail with your application to help the body corporate understand the proposed change. This might include plans, product specifications, colour samples, photographs or images showing where the renovation will be located and what it will look like when completed.
Can changes inside your unit affect the building’s appearance?
Yes. Shutters, blinds, window tinting and screens may be installed inside your lot but still be visible from outside the building. This means an internal renovation or improvement can still raise appearance considerations, depending on how visible the finished change will be.
Similarly, fittings such as air-conditioning equipment, vents, awnings, security screens and privacy panels also need to be considered for their effect on the building’s external appearance.
What if similar changes have already been approved?
Previous approvals or similar existing changes may be relevant because they can help show how comparable proposals have been dealt with and what the building currently looks like. An earlier approval, however, does not automatically give every other owner a right to the same outcome.
The earlier work may have involved a different location, design, level of visibility, by-law or effect on common property. It may also have been approved subject to particular conditions, or even installed without approval. Your application should still be considered on its own facts under the current by-laws.
This article provides general information only and does not take the place of advice about a particular scheme, by-law or renovation.
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