A Look Up Strata reader wanted to understand what the rules are around the installation of sun shades in strata titled buildings in NSW.
Question: What are the requirements for the installation of sun shades for apartment balconies where they were not on the original Development Application?
Our response is that it is definitively possible to install sun shades, even if these were not part of the original build.
Answer: You may apply to the Owners Corporation to approve a by-law for works by special resolution. The by-law is then registered on the certificate of title of the common property.
Under the by-law you will need to make application to Council and, if approved (or exempted) you may proceed to install the sunshades.
However, there is a legal concept of “moral rights” of the architect which you must not offend and query whether sunshades might offend the architect’s vision for your particular development. For example, the sunshades might be construed as detrimenting or prejudicing the design of the building. Ultimately, yes, however, it is possible to install sunshades “after market”.
You can read the full question, and our detailed response here.