Strata renovations

This factsheet outlines the types of renovations which can be done by an owner of a lot in a strata scheme.

All work is subject to the by-laws of your specific strata scheme, and any requirements under the Strata Schemes Management Act 2015 (NSW) and Strata Management Regulations 2016 (NSW).

There are three main types of renovations in a strata scheme:

• Cosmetic works
• Minor renovations
• Major renovations

It is very important to follow the correct approval process before undertaking work. If a lot owner is unsure, they should always seek independent legal advice before proceeding. The owners corporation can seek removal of works and reinstatement of common property if your works are not appropriately approved.

Cosmetic works may include, but is not limited to:

• Installing or replacing hooks, nails or screws for hanging items on walls.
• Installing or replacing handrails, laying carpet, built-in wardrobes, blinds or curtains, within a lot.
• Interior painting.
• Filling minor holes or cracks in internal walls.
• Anything under which an owners’ corporation passes a by-law to declare other types of work as ‘cosmetic’, subject to any other by-laws, and the Strata Management Act and Regulations.

An owner of a lot can do minor renovations with the approval of the owners corporation. To get approval, an owner must make a written proposal at a meeting of the owners’ corporation, and the proposal must obtain a simple majority to pass.

The proposal seeking approval should include:

• Any plans of the work.
• When the work will be carried out (times and dates).
• Qualifications and details of the tradespeople who will do the work.
• Arrangements to remove or manage any rubbish from the renovations. The owners’ corporation can pass a by-law which allows the strata committee the ability to approve minor renovations, and pass by-laws which define particular types of works as minor renovations.

Minor renovations may include, but are not limited to:

• Renovating a kitchen,
• Changing recessed light fittings,
• Installing or replacing wood or other hard floors,
• Removing carpet,
• Installing a reverse cycle split air conditioning system,
• Reconfiguring internal walls.

NOTE: A cosmetic and minor renovation can become a major renovation in certain circumstances. If your cosmetic or minor renovations change the external appearance of your lot, involve structural changes or waterproofing, or require consent from your Local Council, then it may be a major renovation.

For example, if an owner is renovating their lot bathroom and the work involves waterproofing, it can be considered to be a major renovation. Any works which are major renovations must be approved by way of a special resolution vote by the owners’ corporation.

Major renovations may include, but are not limited to:

• Structural changes,
• Waterproofing,
• Changes affecting the outside appearance of the property such as roof or balcony works,
• Work that needs approval under other laws (e.g. council approval).

If the vote passes and the work involves altering the structure of a lot, the owner must give the owners corporation at least 14 days written notice before the work starts. This should describe the proposed alteration. Any major renovations approved by way of a common property rights by-law requires a special resolution and the drafting of a by-law related to the proposed works.

The grant of this by-law also requires the prior written consent of each owner on whom the by-law confers rights or special privileges. A common property rights by-law will also address the maintenance and repair obligations of the relevant part of common property.

Any work that involves adding to, altering or erecting a new structure on common property for the purpose of improving or enhancing the common property requires a special resolution. The owners corporation can make an application against a lot owner to the NSW Civil and Administrative Tribunal (NCAT) to fix the damage, or to pay the owners corporation for the cost of repairs. This can include further insurance and legal costs. In such cases, it may be necessary for the lot owner to apply to NSW Fair Trading mediation at first instance to resolve the issue. If mediation is not successful, the lot owner may need to apply to the NSW Civil and Administrative Tribunal (NCAT) seeking appropriate orders. In such cases, it may be necessary for the lot owner to apply to NSW Fair Trading mediation at first instance to resolve the issue. If mediation is not successful, the lot owner may need to apply to the NSW Civil and Administrative Tribunal (NCAT) seeking appropriate orders.

Disclaimer

• This factsheet does not consider the different requirements that may apply in certain strata schemes that have adopted different by-laws.

• This factsheet is general legal information and not legal advice. The currency and accuracy of this fact sheet should be checked by obtaining independent legal advice.

• This factsheet does not represent an exhaustive list of all approvals which may be required. One should consider any other approvals required such as statutory approvals (for example, development consent).