Two sets of approvals
On a strata property you need the strata company's approval as well as the usual council approvals. Landgate says the strata company's approval is in addition to any planning or building approval. In a strata scheme it must be in place before any work starts.
Step 1: Work out what kind of strata you're in
| Scheme type | When you need the strata company's approval for a carport |
|---|---|
| Strata scheme (lot boundaries are the building) | Always, before work starts, for any structural alteration to your lot |
| Survey-strata scheme (lot boundaries are on the ground) | Only if the carport would breach your lot's plot ratio or open space limits, unless your by-laws say otherwise |
Check your strata plan or ask your strata manager if you're not sure which you have. Also read your by-laws: the default ones say you must give the strata company 14 days' written notice before altering the structure of your lot.
Step 2: Apply to the strata company
Approval can be a resolution without dissent at a meeting, or the written approval of every lot owner. Your application must include:
- plans and specifications
- the area of the carport and all existing structures, and whether you'll exceed open space or plot ratio limits
- its location and size compared with the boundary and other structures
- the materials, the colours visible from outside, and how and when it will be built
- any by-law it might break, and any effect on easements or covenants
Step 3: Know the time limits
- Voting must open within 35 days of the strata company receiving your application.
- An owner who doesn't object in writing within 42 days is treated as approving.
- The strata company is treated as approving if it doesn't object in writing within 77 days.
Grounds for saying no
Owners can only refuse for set reasons, and must give them. For example, the carport would breach open space or plot ratio, break a by-law, interfere with an easement or covenant, look out of keeping with the rest of the development, or affect structural soundness. If an owner refuses without valid grounds, the refusal doesn't count. If you're refused, you can apply to the State Administrative Tribunal for an exemption.
Step 4: Council approvals
Then it's the usual process: a building permit for every carport, and planning approval if it doesn't meet the R-Codes. The City of Stirling's carport guide notes strata lots may need this separate strata approval too.