Renovating your strata lot can improve your enjoyment and add value, but you must respect the common property and by‑laws. NSW law distinguishes between cosmetic, minor and major renovations, each with different approval requirements.
By‑laws are the rules made by the owners corporation to regulate the scheme and can cover matters like pets, parking and renovation procedures. The 2025 reforms introduce timeframes and reasons for refusing minor renovation requests.
Knowing what is common property is crucial because changes to it usually require approval and may need a by‑law. Common property includes the structural elements of the building—floors (concrete or wooden floors at the time the strata plan was registered), ceramic tiles, walls and ceilings, waterproofing membranes, balcony doors and windows, pipes and cables servicing more than one lot, and intercom or security systems.
Lot owners cannot alter these areas without approval. For example, installing a timber floor over a concrete slab or removing a non‑load‑bearing wall is considered an alteration to common property.
Cosmetic work is low‑impact work such as painting, laying new carpet, attaching hooks, installing blinds, or replacing built‑in wardrobes that do not change the structure or waterproofing. Cosmetic work does not require approval under the Strata Schemes Management Act 2015, although you should check your scheme’s by‑laws for any restrictions. You should advise neighbours of any noise and ensure the work complies with building codes.
Minor renovations include work such as installing or replacing hard flooring, kitchen renovations, installing air conditioning or ceiling fans, and minor work on common property. These usually require ordinary resolution (more than 50 % of votes) at a general meeting or may be delegated to the strata committee.
You must provide details of the proposed work, including plans and qualifications of tradespeople. From 2025, the committee must give written reasons for any refusal of a minor‑renovation request and a decision must be made within three months; if there is no response within that time, the renovation is deemed approved. Records of approved minor works must be kept for 10 years.
Major renovations involve structural changes, waterproofing (e.g. bathroom refurbishment), work affecting the external appearance (such as enclosing a balcony), or work that alters the use of common property. These require a special resolution at a general meeting (no more than 25 % of votes cast against). The approval must specify who is responsible for ongoing maintenance of the altered common property. You may also need a works by‑law drafted and registered with NSW Land Registry Services. Depending on the nature of the work, development consent from the local council may also be required.
A by‑law is required whenever an owner wants exclusive use of or changes to common property that go beyond minor repairs—for example, installing hard flooring, air conditioners, or privacy screens; enclosing balconies; or altering waterproofing membranes.
The by‑law must allocate responsibility for maintaining the altered common property. Creating or amending a by‑law requires a special resolution at a general meeting and registration with NSW Land Registry Services. By‑laws cannot be harsh, unconscionable or oppressive and must comply with the Act.
Draft the proposed by‑law (often with legal help). Give notice of the motion and attach the by‑law to the general meeting agenda. The by‑law must be passed by a special resolution (no more than 25 % of votes against). After the meeting, lodge the by‑law with NSW Land Registry Services within six months. Once registered, the by‑law takes effect and binds all owners and tenants.
Undertaking unauthorised renovations can breach by‑laws and the Act, leading to orders to reinstate the property, fines or an injunction from the Tribunal. The owners corporation can also recover costs and penalties. If you are unsure whether approval is needed, seek advice from the strata committee or strata manager before starting work.
A by‑law is a legally binding rule registered on the title and enforceable by the owners corporation and Tribunal. House rules or building guidelines may be published by the strata committee but are not enforceable unless they are properly made as by‑laws. For enforceability and transparency, important rules about renovations, pets, smoking and parking should be formalised as by‑laws.