Introduction

Undertaking renovations in New South Wales strata properties requires familiarity with the different categories of work permitted under strata legislation. Understanding these distinctions is important for property owners planning modifications, as each type—cosmetic, minor, and major—comes with its own set of rules and approval processes.

This guide explains the differences between these renovation types. It covers the specific requirements and approval pathways for cosmetic alterations, minor updates, and significant structural changes, helping property owners make informed decisions and ensure their projects comply with the relevant strata scheme regulations.

Understanding Cosmetic Works

In New South Wales, owners within strata schemes enjoy the freedom to undertake cosmetic work on their apartments, duplexes, or properties without prior approval. This flexibility allows residents to personalise their living spaces while maintaining both the structural and aesthetic integrity of the property.

Cosmetic work typically includes modifications that:

• Do not impact the structural integrity of the property
• Do not alter its external appearance
• Exclude any waterproofing work

This category offers considerable autonomy through a variety of interior enhancements.

Examples of Cosmetic Work

• Functional Fixtures
  • Installation or replacement of hooks, nails, screws, and handrails
• Aesthetic Enhancements
  • Addition of blinds, curtains, and built-in wardrobes
• Surface Treatments
  • Painting internal walls to customise look and feel
  • Filling minor holes and cracks in walls to maintain appearance and integrity
• Flooring Options
  • Laying carpet for personalised style and comfort

Reviewing Strata By-Laws

Property owners should note that each strata scheme may define cosmetic work differently. To ensure compliance:

• Adhere to Guidelines – Follow the scheme’s rules to promote a cohesive and harmonious living environment.
• Consult the By-Laws – Review your scheme’s regulations to understand permissible work.
• Verify Definitions – Confirm which modifications require approval and which do not.

Best Practices for Cosmetic Works

When undertaking cosmetic works in a strata property, it’s important to adhere to best practices not only for compliance with strata regulations but also to maintain a harmonious community environment. Here are some key guidelines to consider:

• Documentation: Keeping detailed records of any changes made is crucial. This includes retaining receipts and maintaining a clear description of the work carried out. Such documentation is invaluable in case of disputes or queries about the changes, serving as a transparent and accountable record of your modifications.
• Communication: While approval might not be necessary for cosmetic works, it’s good practice to inform your strata manager or committee about your intended changes. This communication fosters a sense of community and ensures that the management is aware of the changes, allowing them to proactively address any potential concerns.
• Professional Assistance: For significant cosmetic alterations, consider hiring professional contractors or tradespeople. This ensures that the work is completed to a high standard and in compliance with building codes and standards. Professional input can prevent inadvertent damage or issues that might arise from DIY projects.
• Community Harmony: Ensure that your cosmetic changes align with the overall aesthetic and standards of the strata scheme. It’s important that your modifications do not disrupt the visual harmony or ambiance of the community. Respecting the collective environment is key in maintaining good relationships with neighbours and preserving the integrity of the property.

By adhering to these best practices, you can effectively and responsibly make cosmetic changes to your property, enhancing your living space while respecting the norms and harmony of your strata community.

Types of Renovations: Understanding Minor Renovations

Section 110 of the Strata Schemes Management Act 2015 (NSW) provides a clear framework for conducting minor renovation within a strata scheme. Unlike cosmetic works, minor and major renovations require approvals, depending upon the type of renovation involved. For lot owners, understanding and adhering to these guidelines is essential to ensure that their renovations are lawful and align with the strata community’s standards.

Minor renovations include the following:

• Kitchen Renovations: This includes updates to kitchen fixtures, cabinetry, and appliances.
• Lighting Upgrades: Changing or upgrading recessed light fittings falls under minor renovations.
• Flooring Installations: Installing or replacing wood or other hard flooring materials is considered a minor renovation.
• Electrical and Cabling Work: This encompasses installing or replacing wiring, cabling, power points, or access points.
• Reconfiguring Walls: Alterations that change the layout of the lot by moving walls.
• Sustainability Enhancements: Installation or replacement of items like rainwater tanks, clotheslines, air conditioners, windows, heat pumps, and ceiling insulation.
• Additional Works: Other works as prescribed by regulations or specific to strata by-laws.
• Minor renovations do not include:
• Cosmetic Work: These are superficial changes that do not impact the structure or functionality.
• Structural Changes: Alterations affecting the building’s structural integrity are not considered minor renovations.
• External Appearance Alterations: Changes that alter the external appearance of a lot.
• Waterproofing Work: Renovations involving waterproofing, like installation of a new toilet or bathtub, are excluded from minor renovations.
• Work Requiring Other Approvals: Renovations that need consent under other laws are not included within the ambit of minor renovations.
• Work Covered by Specific By-Laws: Work already authorised by specific strata by-laws as cosmetic work or major renovation is automatically excluded from the purview of minor renovations.

Hence, it is crucial to refer to and understand your strata by-laws before undertaking any renovation projects.

Legal Requirements for Minor Renovations

Strata owners are required to get approval from the owners corporation or strata management before undertaking any minor renovations. This process comprises the following:

• Initiation by Owner: The owner must seek approval from the owners corporation, typically via submitting a motion at a general meeting.
• Voting Requirement: Approval requires more than 50% of the votes cast in favour. A special resolution is not necessary.
• Conditions and Transparency: The owners corporation can impose reasonable conditions on the approval. The owner must provide detailed written notice of the proposed renovations, including specifics of the work, duration, personnel involved, and waste management plans.

By adhering to appropriate approval process, lot owners can ensure that their minor renovations are conducted smoothly, legally, and in a manner that respects and maintains the harmony of the strata community.

Types of Renovations: Understanding Major Renovations

Major renovations within a strata scheme, though not explicitly defined in the Strata Schemes Management Act 2015 (NSW), typically refer to extensive modifications that significantly impact the property’s structure and framework. Due to their potential effects on common property and the overall integrity of the building, these renovations require a stringent approval process, often involving the entire owners corporation. Major renovations are characterised by:

• Structural and Exterior Impact: These renovations might include altering load-bearing walls, expanding balconies, or reconfiguring layouts, which affect the building’s structure. Changes that significantly alter the building’s external appearance or structural integrity, like modifications to the facade, roof, or windows, are also considered major renovations.
• Waterproofing Changes: Comprehensive renovations involving plumbing system replacements, electrical rewiring, or the installation of additional outlets, especially in bathrooms and kitchens, fall under this category.
• Ceiling Alterations: Any structural or aesthetic modifications to ceilings are regarded as major renovations.
• Compliance with Other Laws: Renovations that require approval under other laws, such as council approvals, are categorised as major.
• Fire Safety, Cladding, and Insulation: Modifications in these areas are significant and are treated as major renovations.
• Installation of Amenities: Adding new amenities like pools or gyms requires substantial planning and is classified under major renovations.

Legal Requirements for Major Renovations

Major renovations necessitate approvals and legal compliances. Below is a brief summary of the broad requirements for undertaking major renovations:

• Owners Corporation Approval: Major renovations typically require a special resolution vote at a general meeting of the owners corporation. The work is approved if no more than 25% of the votes cast are against it.
• Written Notice Requirement: A 14-day written notice is necessary for structural changes, detailing the renovation’s impact on the property’s structure.
• Contractor Licensing: It’s crucial to engage building contractors or tradespeople with valid licenses.
• Consequences of Unapproved Work: Undertaking major renovations without approval may lead to the requirement of restoring the property to its original state at the owner’s expense.
• Maintenance and Repair Responsibility: If the owner is responsible for post-renovation maintenance and repairs, a new by-law authorising the project and establishing this responsibility is required.

Adhering to these guidelines is essential to ensure the structural integrity of the property, maintain legal compliance, and preserve harmony within the strata community, especially when undertaking major renovations.

Stocker v The Owners: Why is obtaining proper approval important?

The case of Stocker v The Owners – Strata Plan No 6622 [2022] NSWCATAP 113 exemplifies the complexities and potential disputes arising from not obtaining proper approvals. In 2011, Mr Hartley undertook significant alterations to a wall in his unit—removing bricks and installing sound insulation and a built-in bookcase—without approval from the Owners Corporation. As a result, this action set the stage for future legal challenges.

In 2021, the Owners Corporation retrospectively approved these alterations by ordinary resolution. However, Mr Stocker, another lot owner, launched a legal challenge to:

• Revert the common property to its original state
• Question whether only an ordinary resolution was sufficient

When the matter reached the Tribunal, several key determinations were made:

• Standing under Strata Schemes Management Act 2015 (NSW): The Tribunal found that Mr Stocker lacked standing to seek an order under section 132.
• Classification of works: The renovations were deemed minor, thus requiring only an ordinary resolution.
• Distinction from cosmetic works: By classifying the work as minor, the Tribunal confirmed it fell outside the Act’s definition of cosmetic work.
• Committee membership decision: Despite concerns, the Tribunal chose not to remove Mr Hartley from the strata committee, noting his attempts to address issues.

This case underscores the critical need for lot owners to:

1. Consult their strata manager to clarify which approvals apply to proposed renovations.
2. Seek legal advice when the required approval pathway is unclear.
3. Adhere to the Strata Schemes Management Act 2015 (NSW) and by-laws to prevent disputes and ensure a harmonious living environment.

Conclusion

Navigating the different types of renovations—cosmetic, minor, and major—within a NSW strata scheme requires a clear understanding of the specific rules and approval processes involved. Adhering to the Strata Schemes Management Act and your specific strata by-laws is crucial to ensure compliance and maintain harmony within the community.

If you are planning renovations and need assistance understanding the requirements or navigating the approval process, contact PBL Law Group for expert assistance. Our experienced NSW strata lawyers can provide tailored advice and guidance to ensure your project meets all legal obligations and proceeds smoothly.