Approval of sustainability infrastructure may be withheld
The Unit Titles Legislation Amendment Act 2020 included amendments to the Unit Titles (Management) Regulation 2011 that were aimed at ensuring unit owners and occupiers are able to install and access sustainability infrastructure. These changes provided that permission to install sustainability infrastructure must not be unreasonably withheld. The 2020 changes did, however, allow for permission to install sustainability infrastructure be reasonably withheld where there are safety or structural considerations.
The Unit Titles Legislation Amendment Act 2023 adds further examples where permission for the installation of sustainability infrastructure may be withheld, being financial considerations or equity of access to common property, easements, utility services, or facilities.
Why is the ACT Government broadening the grounds for withholding approval of sustainability infrastructure?
These changes are not intended to prevent or discourage unit owners and occupiers from installing or accessing sustainability infrastructure. They will, however, help address circumstances where the installation by one owner of sustainability infrastructure may impede another unit owner's equal access to similar sustainability infrastructure in the future, or impose a large cost on unit owners.
For example, the installation of an electric vehicle (EV) charging point for a unit owner may result in a significant impact on the electrical loading for existing electrical conduits, and prevent another unit owner from installing an EV charger as it may overload the electrical system. It may also require a major upgrade to the existing electrical network within a units plan, which could be prohibitively expensive.
Decisions to install sustainability infrastructure on common property have the potential to impact on an owners access to the shared spaces, and may result in additional levies paid by owners to cover installation and maintenance costs. The new provisions will help make the owners corporation aware that these types of issues should be considered before any decisions are made.
