Ban the Banners

BY: JENNY PHILLIPS

Ban the Banners and what it means to Bodies Corporate.

The legislation "Building and Other Legislation Amendments Act 2009" was introduced for the purpose of allowing more sustainable building features and designs in order to permit home owners to choose ‘greener' options.  Due to feedback from the property sector the original legislation was revised and provisions were removed relating to amenity issues while still retaining the main purpose of the legislation for environment issues.

 

For a new complex, the legislation will be common place and therefore become the standard moving forward, and as such By-Laws (covenants) cannot restrict the use of light, roof colours, energy efficient windows or treatments, minimum floor areas (but a minimum frontage is allowed unless it results in a less energy efficient house), a minimum number of bedrooms or bathrooms, and orientation of a house in a particular way if that orientation would result in a less energy efficient house.  These provisions must be adhered to for new development (By-Laws and Convents made after 22 May 2010) and mainly apply to townhouse/stand alone communities.  Where window tinting is not installed at the time of construction and no By-Law applies the Body Corporate may need to review options in order to implement a set style thus maintaining the aesthetic appearance of the scheme.   

 

For existing Bodies Corporate previous set designs may need to be revised to ensure they are compliant with the new legislation.  Bodies Corporate now cannot restrict the use of solar hot water systems or photovoltaic cells merely for the purpose of maintaining the aesthetic appearance of the scheme, therefore any existing By-Laws that place such restrictions will be invalid.  This does not provide an owner blanket approval to install solar panels in accordance with the amendments, due to the fact that Body Corporate By-Laws generally require approval for changes to the appearance of a lot.  The Body Corporate would need to act reasonably in their decision and cannot withhold approval, however for communities that have a strong view in regards to the aesthetic appearance of the scheme they may consider investigating products in order that a standard design and/or location may be enforced.  This approach will ensure the complex still maintains a uniform appearance while also allowing options for owners to utilise solar power.

 

For more information go to the government fact sheet http://www/.dip.qld.gov.au/resources/factsheet/sustainable-living/new-covenantand-body-corporate-by-lawsfactsheet.pdf

---