Advice on adding room to Townhouse with unit title

[enzed]

I am currently looking at a townhouse(adjoining with one other, about 8 total in the complex). It has a unit title and is 3 bedroom, fully renovated. There is a second lounge area off the staircase which appears could be closed off with a small internal wall and door to create a 4th bedroom. There is one velux window in the room but potentially it could require one more if closed off - it is a 'loft' style room with no perpendicular walls.

1) Would I require any kind of council/building consent to do this?
2) Would I face any difficulties due to it being on a unit title?
3) I suspect the rental price would increase which would have some effect on the value?
4) How can I get an idea of the potential increase?

On a related note, there is only one bathroom with a shower + sep toilet (no bath), plus with the existing reno I expect the current value is quite high for the complex.

Thanks

[artemis]

The Body Corp owns the building envelope so would have to give permission for a new window. Quite possible the BC would be conservative and have a concern for future liability, eg leaking.

[PTILoveYou]

Double check with what the body corp rules are.

You might get away with it if the rules don't say BC need to approve for renovations, and you are adding in non-structural walls.

[Wayne]

I would agree with artemis.
Internal walls in this situation are irrelevant I think (not like the apartment case and fire safety etc) but cutting the outside at all could affect the rest of the structure so the BC would need to allow it.

[enzed]

Thanks for the replies, so is nothing required with the council?

Any rough idea on uplift in value I could expect?

[Wayne]

Thanks for the replies, so is nothing required with the council?

Any rough idea on uplift in value I could expect?

I don't think so if you just add an internal wall.
You do need to ensure that there is enough natural light.
If you add a window in the roof then you probably need a consent.

[John the builder]

you don't need a consent for a roof light it is covered by schedule 1 and for the wall, but the room needs to be habitable natural light ventilation and awareness

the issue is permission from the BC Check the rules likely you need permission for anything you do

It is possible you own the airspace You need to lok at the unit title plan and see where the boundaries are.

[enzed]

but the room needs to be habitable natural light ventilation and awareness

Can you elaborate on these please? Can they be met through one or two velux windows?

the issue is permission from the BC Check the rules likely you need permission for anything you do

The copy of the rules I have is one page long, very brief and does not state anything about permission for modifications. Not having seen any BC rules before I don't know how unusual this is or maybe it is missing the other pages.

The complex was built in the 70s and from the BC notes I have it looks like it is fairly hands off.

[QUTE]It is possible you own the airspace You need to lok at the unit title plan and see where the boundaries are.[/QUOTE]

I have the plan but it I cannot see anything about the airspace. It is worth noting that creation of the existing room(and I assume window) was done and retrospectively given a COC in the early 2000s.

[MikeO]

I'm not a lawyer but I looked into this when doing a renovation on a property I own. Section 79 and 80 of the Unit titles act seems to be the guiding legislation:

79 Rights of owners of principal units

• An owner of a principal unit—
  • (a) has all the rights derived from being registered as the owner of the stratum estate in a unit under this Act:
  • (b) holds a share in the common property in accordance with section 54(2):
  • (c) is entitled as a body corporate member to exercise a vote in respect of his or her unit, subject to section 96 and any other requirements in the regulations:
  • (d) is entitled to have quiet enjoyment of his or her unit without interruption by other unit owners or occupiers, or the body corporate or its agents, except as authorised by this Act or the regulations:
  • (e) subject to section 80(1)(h) and (i), may make any alterations, additions, or improvements to his or her unit so long as these are within the unit boundary and do not materially affect any other unit or common property:
  • (f) has the right to have any dispute resolved in the manner set out in subpart 1 of Part 4:
  • (g) has the right to enforce the body corporate operational rules:
  • (h) has the right to attend the general meetings of the body corporate.

80 Responsibilities of owners of principal units

• (1) An owner of a principal unit—
  • (a) must permit the body corporate (or its agents) to enter the unit at any time in an emergency and at all reasonable hours, and after giving reasonable notice, for any of the following purposes:
    • (i) to view the condition of the unit for the purpose of ascertaining compliance with the principal unit owners’ or occupiers’ obligations under this Act:
    • (ii) to maintain, repair, or renew any infrastructure for services and utilities that serve more than 1 unit and any building elements that affect more than 1 unit or the common property, or both:
    • (iii) to maintain, repair, or renew any common property:
    • (iv) to ensure the body corporate operational rules are being complied with:
    
    
  • (b) must do all things necessary to give effect to decisions of the body corporate:
  • (c) must consult with his or her mortgagee, if required to do so, before exercising a vote under section 97 or 98:
  • (d) must comply with all laws and legal requirements relating to the use, occupation, or enjoyment of the unit:
  • (e) must carry out, without delay, all work that may be ordered by a territorial authority or public body in respect of the unit to the satisfaction of that authority or body:
  • (f) must pay all rates, taxes, charges, body corporate levies, and other outgoings that are from time to time payable in respect of the unit:
  • (g) must repair and maintain the unit and keep it in good order to ensure that no damage or harm, whether physical, economic, or otherwise, is, or has the potential to be, caused to the common property, any building element, any infrastructure, or any other unit in the building:
  • (h) must notify the body corporate of his or her intention to carry out any additions or structural alterations before the commencement of any work:
  • (i) must not make any additions or structural alterations to the unit that materially affect any other unit or the common property without the written consent of the body corporate:
  • (j) must comply with the body corporate operational rules:
  • (k) must not do anything that breaches or in any way undermines any policy of insurance in the name of the body corporate.

(2) For the purpose of subsection (1), an owner of a future development unit that is in use as a place of residence or business or otherwise, in whole or in part, is to be treated as an owner of a principal unit.
(3) For the purposes of subsection (1)(a) and (i),—

• (a) a subsidiary body corporate is to be treated as the unit owner of the principal unit that was subdivided to create the subsidiary unit title development; and
• (b) a reference to a unit includes any unit in the subsidiary unit title development.

(4) Subsection (1)(b) does not affect the right of an owner to apply for minority relief under section 210 or to object to a designated resolution under sections 212 to 216.



My take on that is that non-structural changes 'within the unit boundary' are all good as long as they don't materially affect another unit holder.

I would say your internal walls are definitely all good (so long as they comply with the building code etc - no building consent required to my understanding).

I'm pretty sure that putting a skylight in is (usually at least) 'non-structural'. Might depend on whether it fits between trusses or something. As to whether the skylight would be 'within the unit boundary' I'm not sure....

[John the builder]

I'm pretty sure that putting a skylight in is (usually at least) 'non-structural'. Might depend on whether it fits between trusses or something. As to whether the skylight would be 'within the unit boundary' I'm not sure....

check the unit title plan and the sections in particular that show the boundary. Sometimes they follow the roof othertimes they enclose the roof space and some air above which makes it all unit title property.

if the boundary is the roof then the BC owns the other side of the roof and the roof-light will not be withing unit title. You need to be sure where this boundary is.

If common property is indicated above the roof-line then likely you need approval from BC for the penetration but should be possible. After all if you stuff-up then the problem comes back to you anyway as the unit holder with benefit of this common property

[enzed]

Thanks very much for all the help.