What must you consider when renovating your strata apartment?

Introduction

Renovating your strata apartment is an exciting opportunity to modernise your space and increase its value. However, unlike standalone houses, strata properties are governed by specific regulations that can make the process complex. All renovations must comply with the building’s by-laws and the legal framework established by the Strata Schemes Management Act 2015 (NSW).

Understanding these rules is essential for a smooth and successful project. This guide is designed to help property owners navigate the approval process, understand the different classifications of renovations, and avoid potential strata disputes or the costly consequences of unauthorised work. By following the correct procedures, you can ensure your renovation is completed in compliance with your strata scheme’s requirements.

Interactive Tool: Check If Your Renovation Needs Strata Approval

Understanding The Three Types of Strata Renovations

Cosmetic Work Not Requiring Approval

Renovations in a strata scheme are classified into three categories, each with different approval requirements. The simplest category is cosmetic work: minor, non-structural changes that do not impact common property or require waterproofing.

While formal approval from the owners corporation is not needed, some schemes may require you to provide notice before work begins. Examples of cosmetic work in a strata property include:

• Painting the interior of your apartment
• Filling minor holes or cracks in internal walls
• Installing or replacing items like hooks, screws, blinds or curtains
• Laying new carpet within your unit
• Replacing existing built-in wardrobes

Always review your specific strata scheme’s by-laws, as they may have unique rules defining what counts as cosmetic work.

Minor Renovations Requiring Strata Approval

Minor renovations are more substantial than cosmetic changes but avoid structural alterations or waterproofing. For these works, you must obtain approval from the owners corporation, which may delegate authority to the strata committee via a specific by-law. Failing to secure approval before starting could result in the owners corporation requiring you to restore the property to its original condition at your own expense.

Common examples of minor renovations include:

• Updating your kitchen or bathroom without changing plumbing or waterproofing
• Installing new flooring, such as timber or tiles
• Installing an air-conditioning unit
• Adding or changing wiring, cables or power points

Major Renovations & The Stricter Approval Process

Major renovations involve significant changes that may affect the building’s structure, common property or waterproofing. Consequently, they are subject to a more rigorous approval process. Undertaking these renovations without the correct authorisation can lead to serious legal and financial consequences.

Firstly, approval requires a special resolution passed at a general meeting of the owners corporation—no more than 25% of votes cast can be against the motion. Secondly, the owners corporation must pass a by-law authorising the renovation, which must then be registered with the Land Registry Services within six months.

Examples of major renovations include:

• Any renovation that requires council approval
• Removing or altering a load-bearing wall
• Making changes to external balconies, windows or doors
• Any work involving waterproofing or significant plumbing alterations

The Approval Process for Your Strata Renovation

Submitting The Required Documentation to Your Strata

To begin the approval process for either minor or major renovations, you must submit a comprehensive application to the owners corporation. Providing detailed and accurate documentation is essential for a smooth review and increases the likelihood of gaining the necessary approvals for your strata renovation.

Your application should be submitted with a clearly drafted motion and include the following key documents:

• A detailed description of the work: This should cover any plans, specifications, and, for structural changes, a report from a qualified professional such as an engineer.
• The project timeline: Clearly state both the expected duration of the renovation and the proposed working hours.
• Contractor and tradespeople details: Include information about the professionals who will be carrying out the work, as well as their qualifications and licenses.
• A waste management plan: Outline how you will dispose of any debris or waste generated during the renovation.
• Draft motions and by-laws: Prepare any necessary motions or by-laws for the owners corporation to consider and vote on.

The Voting & Meeting Procedure

Once your documentation is submitted, the owners corporation will schedule a meeting to discuss and vote on your proposed strata renovation. This meeting may occur at the next scheduled general meeting or at a special meeting convened earlier; however, you may be asked to cover the costs of an earlier meeting.

It is advisable to attend the meeting to present your case and address any questions.

The voting requirements differ depending on the type of renovation:

• Minor renovations: Typically approved by an ordinary resolution. Your motion will be defeated if more than 50% of the unit entitlements present at the meeting vote against it.
• Major renovations: Require a special resolution to pass, which means that no more than 25% of the votes cast can be against the proposed work.

By-Law Registration for Major Strata Renovations

For major renovations, the owners corporation must pass a by-law that officially approves the proposed work. After passing the motion, this by-law must be registered with the Land Registry Services to become legally effective.

Key requirements include:

• Register the by-law within six months of the motion being passed at the general meeting.
• If you fail to register within this timeframe, the approval becomes invalid.
• An invalid approval requires the motion to be re-passed by the strata, leading to significant delays and additional costs for you as the lot owner.

Renovations Affecting Strata Common Property

Identifying Common vs Individual Property in a Strata Scheme

In any strata building, a crucial distinction exists between individual property, which you own, and common property, which is shared. Understanding this separation is the first step in planning your renovation, as it dictates the approval process you must follow. Each strata scheme may have slightly different by-laws, but some general principles apply.

Individual property typically includes everything within the internal walls and floor coverings of your apartment. Renovations to these areas are generally more straightforward. Examples of individual property include:

• Internal walls that are not structural
• Floor coverings like carpet
• Kitchen cabinetry and door handles
• Light fittings within your unit

Conversely, common property encompasses the structural elements of the building and shared facilities, and it is important to know what to do when the owners corporation fails to repair common property. Any work that impacts these areas will require more rigorous approval. Common property in a strata scheme often consists of:

• External and structural walls
• Floors, ceilings, and the floorboards beneath carpets
• Entry and balcony doors
• Plumbing and electrical systems shared within the building

Gaining Approval for Works on Strata Common Property

If your planned renovation affects common property, you must obtain approval from the owners corporation. This process is more involved than for minor cosmetic changes and requires careful planning to ensure compliance with your strata scheme’s by-laws.

To gain approval for works on common property, you will typically need to follow a specific procedure. This often involves securing a special resolution, which is a vote taken at a general meeting of the owners corporation. The key steps include:

• Obtaining written consent: It may be necessary to get written consent from any owners who are directly affected by the changes, particularly if your renovation involves exclusive use of a part of the common property.
• Drafting a specific by-law: A by-law must be prepared that clearly outlines the proposed works and defines who is responsible for the ongoing maintenance and repair of the renovated area, making it important to understand the do’s and don’ts of strata by-law drafting.
• Seeking a special resolution: The motion for your renovation must be passed by a special resolution at a strata meeting, meaning no more than 25% of the votes cast are against it.

Meeting Building Standards & Legal Compliance

Adhering to The Strata Schemes Management Act 2015 (NSW)

All strata renovations in NSW are governed by the Strata Schemes Management Act 2015 (NSW). This legislation provides the legal framework that outlines the approval processes and classifies renovations into distinct categories: cosmetic, minor, or major. Consequently, understanding your obligations under this Act is essential for ensuring your project is compliant.

Specifically, the Act details how changes may impact common property and sets out the rules for obtaining necessary approvals. Key compliance requirements that every owner must follow include:

• Correctly classifying the renovation: Determining whether your work is cosmetic, minor, or major dictates the approval path you must take.
• Obtaining necessary approvals: Both minor and major renovations require written approval from the strata committee or a vote at a general meeting before any work can begin.
• Respecting common property: Any work affecting shared structures—such as walls, floors, plumbing, or electrical systems—requires owners corporation approval.
• Adhering to building standards: All renovations must comply with NSW Building Codes and Australian Standards to ensure safety and prevent future strata building defects.

Engaging Licensed & Registered Professionals for Your Strata Renovation

To ensure your strata renovation is completed safely and to a high standard, it is vital to hire licensed and registered professionals. By using qualified tradespeople, you ensure adherence to building standards and protect both yourself and other residents from potential risks or liabilities. In fact, this is a common condition imposed by the owners corporation during the approval process.

For more complex projects, you may need to engage specific experts to guarantee compliance with regulations. These steps are crucial for meeting legal requirements and reducing the risk of future property defects:

• Hire a registered building practitioner: Their role is to supervise the renovation work, ensuring it is carried out safely and meets all required quality standards.
• Engage a registered design practitioner: This professional prepares regulated designs to ensure your planned renovations comply with current building codes.

Navigating Strata Approval Conditions & Refusals

Understanding Reasonable Conditions for Approval

When the owners corporation grants approval for your strata renovation, it may be subject to reasonable conditions intended to protect the building’s integrity and ensure residents’ well-being. Such conditions help ensure renovations are carried out responsibly, without compromising the structure or the community’s comfort.

Common conditions attached to approval include:

• Timing and Noise Restrictions: To minimise disruption, strata schemes often specify the hours during which construction work can occur, ensuring renovations take place at times least likely to disturb other residents.
• Engagement of Licensed Professionals: You will likely be required to use licensed and insured tradespeople for all renovation work, which guarantees high-quality workmanship and coverage for any potential risks or liabilities.
• Certification Requirements: For renovations involving structural changes or waterproofing, you may need to provide certificates from qualified professionals—such as a structural engineer or a certified waterproofer—to confirm compliance with relevant standards.
• By-law Registration and Maintenance: The renovating owner may be required to register a by-law for the changes at their own expense and is typically responsible for the ongoing maintenance and repair of any new installations.

Your Options if a Strata Renovation is Not Approved

If your renovation proposal is not approved or the necessary by-law fails to pass, you have the right to appeal the decision. Lot owners can apply to the New South Wales Civil and Administrative Tribunal (NCAT) to seek the required orders to proceed with their work.

To increase the chances of a successful application or appeal, it is crucial to prepare your case thoroughly. This involves:

• Ensuring all documentation is complete and accurate.
• Following your strata scheme’s specific procedures closely.

Communicating with Neighbours & Managing Contractors

Notifying Your Neighbours & The Owners Corporation

Before commencing any renovation work in your strata property, it is important to communicate with your neighbours, particularly regarding activities that may generate noise. Providing at least 24 hours’ notice is a common courtesy that helps maintain a harmonious living environment.

Your communication should also extend to the owners corporation. Adhering to the following procedures ensures your renovation proceeds smoothly and in compliance with your strata scheme’s by-laws:

• Noise and Acoustic Controls: You must follow all rules regarding noise levels to minimise any disturbance to other residents. Your strata by-laws may also specify the hours during which construction work is permitted.
• Obstruction of Common Property: Ensure your renovation activities do not block or impede access to common areas such as hallways, lifts, or stairwells.
• Garbage Disposal: You are responsible for disposing of all renovation-related debris in accordance with the strata scheme’s regulations.

After the renovation is complete, you must inform the owners corporation. This notification is necessary for updating the strata scheme’s insurance policy to reflect the changes made to your property.

Ensuring Contractors Adhere to Strata By-Laws

As the lot owner, you are responsible for ensuring that any contractors or tradespeople you hire adhere to the strata scheme’s by-laws while on-site, as breaching strata by-laws can lead to significant penalties. This responsibility extends to all aspects of their conduct within the building and on common property.

It is crucial to make sure your contractors are aware of and comply with specific rules, which often include:

• Parking: Contractors must park their vehicles in designated areas to avoid inconveniencing other residents.
• Use of Common Areas: They must be mindful not to block common property, especially entrances to other apartments, lifts, or stairwells.
• Noise and Work Hours: All work must be conducted within the hours specified by the strata by-laws to minimise disruption.

Conclusion

Renovating a strata apartment requires careful navigation of by-laws, from correctly classifying the work to securing the necessary approvals for cosmetic, minor, or major changes. Adhering to these legal requirements and maintaining clear communication with all parties is essential for a successful and compliant project that avoids costly disputes.

For specialised guidance through these complexities, contact our strata lawyers at PBL Law Group. Our team provides the essential support needed to ensure your renovation is successful, aligns with legal standards, and helps you realise your property’s full potential.

Frequently Asked Questions