Cosmetic vs Minor vs Major Renovations: Understanding Renovation Types in Strata Properties

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.

Interactive Tool: Check If Your Strata Renovation Needs Approval

Defining Cosmetic Works in a Strata Scheme

Examples of Cosmetic Strata Renovations

In a strata scheme, cosmetic works are superficial changes that owners can make without needing approval from the owners corporation. These renovations allow you to personalise your living space in a variety of ways. Common examples of cosmetic work include:

• Surface Treatments: This covers painting interior walls, filling minor holes or cracks to maintain the appearance of internal walls, and laying new carpet.
• Installing Fixtures: You can install or replace items such as hooks, nails, and screws for hanging pictures or other decorations. This also includes adding or replacing handrails within your lot.
• Adding Furnishings: The installation or replacement of built-in wardrobes, internal blinds, and curtains are all considered cosmetic changes.
• Security Devices: Installing security items like alarms or cameras within your lot typically falls under cosmetic work.

Key Limitations & Owner Responsibilities

While cosmetic renovations do not require formal approval, they are subject to specific limitations under the Strata Schemes Management Act 2015 (NSW). These works must not involve structural changes, alter the external appearance of the lot, or affect waterproofing.

Additionally, any work that impacts the safety of a lot or common property, such as fire safety systems, is not considered cosmetic.

It is important to remember that each strata scheme can have its own by-laws that may further define what is considered cosmetic work, which is why it’s wise to consider if are your strata by-laws outdated. You are also responsible for any damage caused to common property during your renovations. If your work inadvertently damages a shared wall or floor, you will be liable for the cost of repairs.

Understanding Minor Strata Renovations

What Qualifies as a Minor Renovation in Strata

Under Section 110 of the Strata Schemes Management Act 2015 (NSW), minor renovations are a distinct category of works that require approval from the owners corporation. These renovations cover a range of common updates that go beyond simple cosmetic changes but are not significant enough to be classified as major structural work.

Examples of works that are typically considered minor renovations in a strata scheme include:

• Kitchen and Bathroom Updates: Renovating a kitchen, such as installing or removing cupboards and cabinetry, provided there are no changes to plumbing or walls. Some bathroom renovations that do not affect waterproofing may also fall into this category.
• Flooring Changes: Installing or replacing hard flooring like wood, tiles, or hybrid materials is a common minor renovation. This also includes removing carpet to expose the underlying hard floors.
• Electrical and Lighting Work: Changing or upgrading recessed light fittings, as well as installing or replacing wiring, cabling, power points, or network access points.
• Climate Control and Sustainability: Installing a reverse cycle split system air conditioner, ceiling insulation, a heat pump, a rainwater tank, or double or triple-glazed windows.
• Internal Layout Adjustments: Work that involves reconfiguring non-structural internal walls to alter the layout of the lot.
• Other Installations: Adding fixtures such as a clothesline, skylights, ventilation systems, or exhaust fans.

It is important to review your specific strata scheme’s by-laws, as they may add other types of work to the list of what is considered a minor renovation.

What is Excluded from Minor Renovations

Certain types of work are explicitly excluded from the definition of minor renovations because of their potential impact on the building’s integrity, safety, or appearance. These projects require a higher level of approval and are generally classified as major renovations.

The following types of work are not considered minor renovations:

• Structural Changes: Any work that involves altering the structural integrity of the property, such as removing or modifying load-bearing walls.
• Alterations to External Appearance: Changes that affect the outside look of a lot or the building, including the installation of an external access ramp.
• Waterproofing Works: Any renovation that involves waterproofing, such as a full bathroom renovation where tiling and membranes are replaced, or changes to the plumbing or exhaust system of the building, which are matters governed by building and construction law.
• Safety System Modifications: Work that detrimentally affects the safety of a lot or common property, especially fire safety systems.
• Works Requiring Other Approvals: Any renovation that needs consent or approval under another law, such as a council development application.

Identifying Major Strata Renovations

Examples of Major Renovation Projects

Major renovations are significant works that can affect a building’s structure, framework, or external appearance. These projects go beyond simple cosmetic or minor updates and often require a more rigorous approval process within a strata scheme. Due to their potential impact on the building and other residents, they are subject to strict oversight.

Common examples of projects classified as major renovations include:

• Structural Changes: This involves removing or altering internal walls, especially load-bearing ones, which can impact the building’s structural integrity.
• Bathroom Renovations: Full bathroom updates that involve altering waterproof membranes or moving plumbing fixtures are considered major works.
• Kitchen Renovations: While some kitchen updates are minor, renovations that include changing plumbing, drainage, or moving walls fall into the major category.
• External Modifications: Any work that changes the outside appearance of the lot, such as installing an access ramp, enclosing a balcony, or altering windows and external doors.
• Waterproofing Works: Any project that involves waterproofing, such as re-tiling a bathroom or balcony, is classified as a major renovation.
• Ceiling Alterations: This includes installing a false ceiling or making other significant modifications to the ceiling structure.
• Works Requiring Other Approvals: Any renovation that needs consent from another authority, such as council approval, is automatically considered a major renovation in a strata context.

Works Involving Common Property Rights

Some major renovations involve the exclusive use of common property, which requires special authorisation. If a project requires attaching something to a common property wall or roof, the owner must get approval through a common property rights by-law.

This type of by-law grants the owner the right to use a specific part of the common property for their renovation. For instance:

• Installing an air conditioning unit on an external wall
• Placing a satellite dish on the common property roof

The by-law must be passed by a special resolution and clearly state who is responsible for the ongoing maintenance and repair of the installation—either the lot owner or the owners corporation.

The Approval Process for Minor & Major Strata Renovations

Gaining Approval for Minor Renovations

To carry out minor renovations, you must first obtain approval from the owners corporation. This is typically achieved by submitting a motion for a vote at a general meeting.

The approval requires an ordinary resolution, meaning that more than 50% of the votes cast must be in favour of the work.

A strata scheme can also pass a by-law that delegates the authority to approve minor renovations to the strata committee, which is a key aspect of how strata committees work. If such a by-law is in place, you can seek written approval directly from the committee instead of waiting for a general meeting.

When applying for approval, you will need to provide detailed information, including:

• Plans and specifications of the proposed work
• The dates and times the work will be carried out
• The qualifications and details of the tradespeople involved
• An acoustic certificate for any new hard flooring installations

Securing Approval for Major Renovations

Major renovations require a more stringent approval process due to their significant impact on the building. These works must be authorised by a special resolution at a general meeting of the owners corporation.

A special resolution passes if no more than 25% of the value of the votes cast are against the motion.

Unlike minor renovations, the authority to approve major works cannot be delegated to the strata committee. Furthermore, if your renovation involves structural changes, you must give the owners corporation at least 14 days’ written notice before the work begins, describing the proposed alterations in detail.

The 3-Month Automatic Approval Rule for Minor Works

As part of the strata law reforms effective from 1 July 2025, an automatic approval process has been introduced for minor renovations. This rule applies only when a strata scheme has a by-law in place that delegates the authority to approve minor works to the strata committee.

Under this provision:

• If an owner submits a formal request and the strata committee fails to provide a written refusal with reasons within three months, the renovation is deemed automatically approved.
• This change is designed to prevent lengthy delays and provide owners with more certainty.

It is important to note that a formal application is still required for this rule to take effect.

Consequences of Unauthorised Strata Renovations

Potential Legal Actions & Financial Costs

Proceeding with renovations in a strata property without the required approval can lead to significant legal and financial consequences, although in some cases, seeking retrospective approval for unauthorised works may be a viable option. The owners corporation has the authority to demand that any unauthorised works be removed and the property restored to its original condition, a step that often requires legal advice for an owners corporation.

If you do not comply with such a request, the owners corporation can seek an order from the NSW Civil and Administrative Tribunal (NCAT) to enforce the removal, escalating the issue to a formal strata dispute in NCAT. This process can be both lengthy and expensive, with the lot owner typically bearing all associated costs. These expenses may include:

• The cost of demolishing or removing the unauthorised renovations.
• The cost of restoring the common property to its previous state.
• Any legal fees incurred by the owners corporation during the dispute.

Furthermore, unauthorised works can create complications when you decide to sell your property. Prospective buyers may be unwilling to assume the risks associated with non-compliant renovations, potentially causing delays or difficulties in the sale process.

Case Study: Stocker v The Owners – Strata Plan No 6622

The case of Stocker v The Owners – Strata Plan No 6622 [2022] NSWCATAP 113 highlights the importance of obtaining the correct approval for renovations.

In this matter, a lot owner, Mr Hartley, made significant alterations to a wall in his unit in 2011 without seeking permission from the Owners Corporation.

A decade later, in 2021, the Owners Corporation retrospectively approved the works via an ordinary resolution.

However, another lot owner, Mr Stocker, challenged this decision, arguing that the common property should be returned to its original state and questioning whether an ordinary resolution was sufficient for the type of work undertaken.

The Tribunal ultimately determined that the renovations were minor, meaning an ordinary resolution was the correct approval pathway under the Strata Schemes Management Act 2015 (NSW).

This case serves as a crucial reminder for lot owners to correctly classify their proposed renovations and secure the appropriate type of approval, which is essential for avoiding common strata disputes and how to resolve them.

Conclusion

Navigating renovations in a NSW strata scheme requires a clear understanding of the distinctions between cosmetic, minor, and major works, each governed by specific approval processes. Adhering to the Strata Schemes Management Act 2015 (NSW) and your scheme’s by-laws is essential for ensuring compliance and maintaining harmony within your community.

If you are planning renovations and need assistance understanding the requirements or navigating the approval process, contact the strata by-law lawyers at PBL Law Group for expert guidance. Our experienced NSW strata lawyers can provide tailored advice to ensure your project meets all legal obligations and proceeds smoothly. If your renovation plans have led to disagreements or challenges within your scheme, our strata dispute lawyers are ready to assist in resolving conflicts efficiently and effectively.

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