There are many opportunities schemes can undertake in order to green their buildings.

Some recent initiatives for greening your building include:

• Solar panels
• Water tanks
• Insulation bats
• Retrofitting hydraulic equipment
• Retrofitting electrical equipment
• Creation of additional storerooms for recyclable goods

Consent required

• There are a wide number of possible consents required, such as:
• Community association
• Building management committee
• Owners corporation
• Owner’s consent
• Other relevant authorities

Community Association and Building Management Committees

Depending on the terms of the relevant management statements, an owner or owners corporation may need to obtain consent from the community association or building management committee.

Owners Corporation Consent

• The standard by-law 5 is not suitable to authorise additions or upgrades to common property.
• A motion under s65A of the Strata Schemes Management Act 1996 (‘the Act’) may be required to authorise installation of the works.
• A motion and by-law under s65A of the Act may be required to allow installation of the works and to require the owner to maintain those works.
• A hybrid motion and by-law under section 65A and 52 of the Act may be required to allow an owner to install works, be liable for and use those works.
• Other arrangements may be suitable, such as, a licence, lease, easement or sub-division and transfer.

Planning authority consent

Council consent or consent from a private certifier may be required to undertake various works, if not exempt development.

Practical Considerations

There are many practical considerations to take into account, such as:

• The real financial gains to be made – do you obtain an audit?
• Ensuring fire measures in the building are not compromised
• Ensuring that the relevant owner or subsequent owner is liable for the works and common property areas affected

The information in this articles is correct as at 15/06/2011 and only some of the aspects of greening your building are dealt with here.  There are many legal issues in each specific initiative.  This document is not legal advice and you should seek legal advice regarding any of the issues referred to.

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