November 2016
FACT SHEET
Renovations to your strata property
If you own a property in strata scheme in NSW, such as a
townhouse or unit, you may need approval before making
changes inside and outside of your property that affect
the common property.
The owners (through the owners corporation) may decide
that other work is also ‘cosmetic work’, as long as it is not
considered a minor renovation or a major renovation
under the laws.
It may surprise you to know that common property may
include items such as your front door, parts of your
balcony, floorboards, tiling that was originally installed,
ceilings and certain walls.
2. Minor renovations
Tenants need their landlord’s written permission to
make any changes to the property they are renting. If
the landlord agrees to the changes, the landlord is also
responsible for gaining any other approvals needed.
yy renovating a kitchen
yy changing recessed light fittings
yy installing or replacing hard floors, floorboards or
carpets
yy changing the internal walls
yy some sustainability measures, such as clothes lines
and energy efficient air conditioners
How do I know what is common
property?
To find out what is common property, check your
individual strata plan. This will clarify whether the
property you want to renovate is:
yy your individual property (the lot), or
yy common property.
Different types of renovations
There are three main types of renovations to common
property:
1. cosmetic renovations
2. minor renovations
3. major or structural renovations.
1. Cosmetic (superficial) renovations
If you are an owner of a strata property, you do not need
to gain approval before you do cosmetic work inside of
your property.
Strata laws set out examples of cosmetic work, which
include:
yy installing or replacing hooks, nails or screws for
hanging pictures or other things on walls
yy installing or replacing handrails inside your bathrooms
yy painting
yy filling minor holes and cracks in internal walls.
Tel: 13 32 20
Minor renovations do not affect the structure of the
property or its outside appearance. Examples of minor
renovations include:
The owners corporation can decide that additional work
is part of this category of renovations.
Before doing minor renovations, an owner must gain the
approval of the owners corporation before they start any
work. You would need to give the owners corporation
details of the work you are planning including:
yy a description of the work, and any plans that have
been drawn up
yy the duration and times of the work
yy who will carry out the work, including their
qualifications.
At least half of the owners at an owners corporation
meeting would need to agree to the renovations planned.
The owners corporation may decide to delegate approval
for minor renovations to the strata committee. They
would need to pass a by-law (strata rule) to allow this
- refer to the information on the Fair Trading website:
Understand your strata rules.
3. Structural or major renovations
Major or structural renovations need an extra level of
permission from the owners corporation because such
work could seriously affect the common property.
www.fairtrading.nsw.gov.au
November 2016
FACT SHEET
Examples of this type of renovation include:
yy structural changes such as removing a wall
yy waterproofing
yy work that changes the outside appearance of your lot,
such as an access ramp
yy any work for which approval is required under other
laws.
At least 75% of the owners would need to agree to this
type of renovation at an owners corporation meeting.
You must also give a written description of the proposed
alteration to the owners corporation at least 14 days
before the work is to start.
Terminology definition:
Owners corporation – this includes all the owners in the
strata complex. The owners corporation is responsible for
making all the key decisions about how a strata scheme
should be managed and must meet at least once a year.
Case study:
Problems with not gaining permission for
renovations
Mr Lee decided to renovate his bathroom. During the
renovations, the tiles cracked and water began to leak
into a neighbouring unit.
The owners corporation had not approved the
renovations and took the matter to the NSW Civil and
Administrative Tribunal (NCAT).
The Tribunal ordered Mr Lee to have the bathroom
returned to its original state. Mr Lee had to pay to fix
the damage as well as paying more money to change
the bathroom back to how it was before. Mr Lee lost
thousands of dollars as a result of not gaining permission
from the owners corporation before his renovations.
Need more information?
Talk to your strata managing agent, secretary or landlord
to understand more before you renovate. You can also
contact NSW Fair Trading on 13 32 20.
This fact sheet is also available in Arabic, Chinese, Korean
and Vietnamese from our website (translated publication
page).
www.fairtrading.nsw.gov.au
Fair Trading enquiries 13 32 20
TTY 1300 723 404
Language assistance 13 14 50
Tel: 13 32 20
This fact sheet must not be relied
on as legal advice. For more
information about this topic, refer to
the appropriate legislation.
© State of New South Wales through NSW Fair Trading.
You may freely copy, distribute, display or download this information
with some important restrictions. See NSW Fair Trading’s copyright policy at
www.fairtrading.nsw.gov.au or email [email protected]
www.fairtrading.nsw.gov.au