Renovations in strata: cosmetic, minor and major work explained

Cosmetic work (section 109)

You can carry out cosmetic work to common property connected with your lot without the owners corporation's approval. Section 109 lists examples: installing hooks, nails or screws for hanging pictures, handrails, painting, filling minor holes and cracks in internal walls, laying carpet, built-in wardrobes, and internal blinds and curtains. By-laws can add more items.

It is not cosmetic work if it involves structural changes, changes the external appearance, affects safety including fire safety systems, involves waterproofing or the plumbing or exhaust system, reconfigures walls, or needs approval under another Act. You must repair any damage to common property and do the work in a competent and proper manner (Strata Schemes Management Act 2015).

Minor renovations (section 110)

Minor renovations need approval of the owners corporation by resolution at a general meeting; a special resolution is not required. Approval cannot be unreasonably withheld and can come with reasonable conditions. Examples in the Act are renovating a kitchen, changing recessed light fittings, installing or replacing wood or other hard floors, installing or replacing wiring, cabling or power or access points, and reconfiguring walls. NSW Fair Trading also lists items such as reverse cycle air conditioners, double glazing, heat pumps, rainwater tanks, clotheslines and ceiling insulation (NSW Government – Strata renovation rules).

Before approval you must give written notice including:

1. details of the work, with copies of any plans
2. how long it will take and the working times
3. who will do it, including their qualifications
4. how rubbish and debris will be managed

For hard flooring, expect to provide an acoustic certificate. If a by-law delegates minor renovation approvals to the strata committee, a refusal must be in writing with reasons within three months, and if the committee does not refuse within three months the work is taken to be approved. The owners corporation must keep a record of approved minor renovations for 10 years.

Major renovations (section 111)

Section 111 says an owner must not carry out work on common property unless authorised under the Act, a by-law or common property rights by-law, or an approval given by special resolution (or another manner allowed by the by-laws). NSW Fair Trading calls this group "major renovations" and lists:

• changes to the structure or outside of the lot
• work that needs waterproofing, such as bathroom renovations
• changes to the ceiling, including false ceilings
• work that needs approval under other laws, such as council approval

A special resolution passes if no more than 25% of the value of votes cast are against it. It must state who is responsible for ongoing maintenance of the affected common property. For work that changes the structure, such as removing a wall, you must also give the owners corporation 14 days' written notice before work starts (NSW Government). Many schemes use a renovation by-law that grants the right and sets conditions.

Quick reference

What if I renovate without approval?

You risk paying to put things back the way they were. If work by or for an owner damages common property or another lot, NCAT can order the owner to repair the damage or pay the cost, including insurance and legal costs, and that amount can be recovered like unpaid levies (s 132). Before you start, check your strata plan to see what is common property, and check by-laws for extra rules.

Building rules and licensing

NSW Fair Trading advises that strata building work must meet building standards: regulated designs must be prepared by a registered design practitioner and a registered building practitioner must oversee the work. Use a licensed contractor and check the licence on Service NSW (NSW Government).

Tenants

A tenant must ask the landlord in writing before making changes. The landlord cannot unreasonably refuse cosmetic or minor renovation requests, and if they agree, the landlord follows the strata approval process on the tenant's behalf.

Contractor access, lifts and noise

Most disputes about renovations are practical: trades blocking the loading dock, unprotected lifts, rubbish in common areas and noise at the wrong hours. Common by-law and approval conditions include:

• working hours (often weekdays and limited Saturday hours; check your by-laws)
• booking the service lift and loading dock for deliveries and rubbish removal
• lift protection pads and floor protection in corridors
• contractor sign-in with building management and proof of licence and insurance
• a bond or condition report for common areas, if your by-laws allow it

Under section 110(4)(d) your minor renovation notice must already explain how debris will be managed, so plan lift bookings early.

How Watchdog Strata helps

With Watchdog Strata, residents book the lift or loading dock for trades and deliveries through bookings; management approves and building management gets an email. Renovation approvals and conditions can be logged in the approvals inbox with a full change history, and any damage found later can be raised as a ticket with photos. Formal approval still comes from the owners corporation or strata committee.

General information only, not legal advice. Check the current legislation or ask a strata lawyer for your scheme.