Air Conditioning — Who's Responsible?

Air conditioning is one of the most disputed items in NSW strata — and one of the most regulated. The short version: the unit itself is the owner's, but installing one almost always affects common property, which means you need approval before you start. Townhouse schemes often have more room for outdoor units than apartments, but the approval requirement is the same.

What we're talking about

Air conditioning in a townhouse scheme usually means:

• Split systems — an indoor head unit and an outdoor compressor
• Ducted systems — outdoor unit, indoor unit, ducting through the roof or floor
• Window-mounted box units (older installations)
• Evaporative coolers (less common but similar issues)

Typical position

Grey areas and common disputes

Why approval matters

Most air conditioning installations involve:

• Drilling through an external wall (common property) for refrigerant lines
• Bolting the compressor to a wall, the ground or a slab (often common property)
• Running electrical cabling along or through common property
• Discharging condensate water somewhere

Each of these is work on common property, so it needs approval first. If the work is a minor renovation, approval is by ordinary resolution at a general meeting — or by the committee, if a by-law delegates that power (s110). Otherwise it needs a special resolution under s108, which must say who maintains the work. A clear approval sets out the owner's ongoing maintenance responsibility and what happens at end of life, and protects everyone if the unit causes problems later.

What if the OC says no?

Ask for the decision, and the reasons, in writing. Where a by-law delegates minor renovation approvals to the committee, the committee must give written reasons if it refuses — and if it doesn't respond within 3 months, approval is deemed to be given (s110(6A)–(6B)). If you believe a refusal is unreasonable, NCAT can be asked to approve the work (s126). Talk to us before going down that path — most installations are approved with sensible conditions.

Common conditions on an approval include:

• Using a licensed installer
• Where the outdoor unit goes (so it doesn't disturb a neighbour)
• How condensate is drained
• Who maintains the unit and the work, and making good the common property at end of life

Noise

Outdoor compressors hum. In a townhouse scheme with units close together, that hum can become someone else's problem — particularly outside a bedroom window at 5am. Approval conditions often deal with:

• Location away from neighbours' bedrooms
• Acoustic screening if needed

If a neighbour complains about your unit's noise, take it seriously and talk to us early — most noise problems are fixed by relocating or screening the unit.

Condensate water

Air conditioners produce condensate — water that drips from the unit when it's running. Where does it go? It can't just drip onto common property. Acceptable options usually include connection to a sewer (subject to council rules), to a stormwater drain, or to a contained drainage point inside your own lot.

Units installed by previous owners without approval

You buy a townhouse with an AC unit already installed. It's been there 10 years. Nobody has paperwork. Is it OK?

The simple answer: if it was never approved, it's a loose end. In practice, OCs usually deal with this by either:

• Approving it now at a general meeting, with clear terms on who maintains it
• Requiring action only when the unit is replaced

If you're buying a townhouse with existing AC, ask for the approval (the resolution or by-law). If there isn't one, factor it into your decision.