Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 5 · Management of Strata Subdivided Buildings
37. Improvements and additions to lots
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Except pursuant to an authority granted under subsection (2), a subsidiary proprietor of a lot that is comprised in a strata title plan must not effect any improvement in or upon the lot for the subsidiary proprietor’s benefit which increases or is likely to increase the floor area of the land and building comprised in the strata title plan.
subsidiary proprietor
“subsidiary proprietor” has the meaning given by the Land Titles (Strata) Act 1967;
A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and on the terms it considers appropriate, by 90% resolution, authorise the subsidiary proprietor to effect any improvement in or upon the subsidiary proprietor’s lot mentioned in subsection (1).
management corporation
“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;
To avoid doubt, subsections (1) and (2) do not affect the operation of the Planning Act 1998, or any requirement under that Act for written permission for any improvement in or upon a lot which increases or is likely to increase the floor area of the land and building comprised in the strata title plan.
lot
“lot” means any stratum within a parcel comprised in a strata title plan and which —(a)is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and(b)is shown as a lot on the strata title plan,and includes a lot specified as an accessory lot on any such plan;
Except pursuant to an authority granted under subsection (4) by the management corporation or permitted under section 37A, a subsidiary proprietor of a lot that is comprised in a strata title plan must not effect any other improvement in or upon the lot for the subsidiary proprietor’s benefit which affects the appearance of any building comprised in the strata title plan.
strata title plan
“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;
A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and upon such terms as it considers appropriate, authorise the subsidiary proprietor to effect any improvement in or upon the subsidiary proprietor’s lot mentioned in subsection (3) if the management corporation is satisfied that the improvement in or upon the lot —
will not detract from the appearance of any of the buildings comprised in the strata title plan or will be in keeping with the rest of the buildings; and
will not affect the structural integrity of any of the buildings comprised in the strata title plan.
Where the management corporation for a strata title plan is satisfied that an improvement in or upon a lot comprised in the strata title plan is effected in contravention of subsection (1) or (3), the management corporation may, by written notice given to the subsidiary proprietor of the lot (whether or not the subsidiary proprietor is responsible for the contravention) require the subsidiary proprietor to carry out and complete, at the subsidiary proprietor’s own cost, any works or alteration to the lot to remedy the breach within a reasonable time specified in the notice.
In this section, in relation to any land and building comprised in a strata title plan, “floor area” has the meaning given by rule 2 of the Planning (Development) Rules 2008.