Renovating a strata-titled property in New South Wales often requires legal approval under the Strata Schemes Management Act 2015 (NSW). You cannot simply hire a tradesperson and begin. Lot owners must seek consent from the owners corporation if the works may affect common property or structural elements. The owners corporation is separate from the strata committee and holds the legal authority to approve such renovations.
At our firm, we regularly advise clients on the strata renovation approval process, including by-law drafting and exclusive use applications. This article explains when and why you need approval, how the process works, and the benefits of getting legal assistance.
Legal Framework
The Strata Schemes Management Act 2015 (NSW) distinguishes between minor renovations, major renovations, and changes requiring exclusive use by-laws. Each category has different requirements for approval:
Minor Renovations
These works usually involve non-structural changes such as kitchen refurbishments (excluding tiling), installing or replacing floorboards, or adding or replacing air conditioning units. An ordinary resolution at a general meeting can generally approve these renovations under Section 110 of the Strata Schemes Management Act 2015. Owners must give at least 14 days’ written notice before the meeting. The owners corporation may impose conditions or adopt by-laws that limit or exclude certain types of renovations.
Note that renovations involving waterproofing such as bathroom tiling are excluded from minor renovations under s 110 and instead require a special resolution.
Major Renovations
These involve changes that affect structural elements or the common property. This includes works such as bathroom renovations involving waterproof membranes, removing structural load-bearing internal walls, or installing electric vehicle charging stations that need access to common property infrastructure. Removal of non-structural partitions may not always require approval.
Major renovations must comply with Section 108 and require a by-law passed by special resolution. A special resolution passes if no more than 25% of votes cast, based on unit entitlements, are against the motion (see SSMA s 5). The process involves drafting a by-law, calling and holding an Extraordinary General Meeting, passing the resolution, and registering the by-law with NSW Land Registry Services.
Exclusive Use By-Laws
If a lot owner seeks exclusive use of part of the common property (e.g. a backyard, roof space, or basement), an exclusive use by-law must be passed by special resolution and registered. Such by-laws must also specify who is responsible for maintenance and repair of the space (see SSMA ss 142–143). Without this by-law, the owner has no enforceable right to occupy or modify the area and may be required to reinstate it.
Flooring Disputes
Replacing carpet with hard flooring is considered a minor renovation under the Act. However, it is a frequent source of disputes due to noise transmission. Owners must still comply with standard by-laws requiring adequate acoustic insulation and neighbour consideration. Refer to Model By-Law 5 for acoustic insulation standards. Even when formal strata approval is not required, written consent or a resolution is advisable to protect against future complaints or enforcement actions.
Legal Advice
Early legal advice can confirm whether your proposed renovation requires a by-law. It also ensures the by-law is properly drafted with enforceable and tailored language. It helps anticipate objections by preparing supporting materials, including engineering or compliance reports. Legal advice ensures compliance with filing and registration requirements for your renovation by-law. It also reduces the risk of disputes with neighbours or the owners corporation.
When to Seek Approval
You should seek approval if your renovation involves work on walls, ceilings, waterproofing, or tiling that affects common property. Approval is also likely required if installing systems like air conditioning that affect other lots or use common infrastructure. Additionally, check your building’s by-laws, as some strata schemes require approval for works even if not structurally significant.
Final Thoughts
Failure to follow strata requirements can result in orders to remove the works, pay damages, or face legal action. The NSW Civil and Administrative Tribunal (NCAT) has jurisdiction under Sections 232 and 241 of the Strata Schemes Management Act 2015 to make such orders. Engaging lawyers ensures your renovation plans are lawful, enforceable, and tailored to your rights as a lot owner.
Jake McKinley notes that this article is written for the purpose of providing generalised information and not to provide specialised legal advice. If you require qualified legal advice on anything mentioned in this article, our experienced team of solicitors at Jake McKinley are here to help. Please get in touch with us on 02 9232 8033 today to make an enquiry.
