Renovating your apartment can improve your quality of life and increase the value of your property. Conducting renovations without approval, however, can lead to significant unnecessary costs and stress. It can even lead to an apartment owner having to pay to remove any alterations and reinstate the apartment to its original condition.
This article outlines the different types of strata renovations and how to get approval to renovate an apartment.
Key information
The Strata Scheme Management Act 2015 (NSW) establishes the rules regarding property management in strata schemes, including renovations to lots and common property.
Lot and common property
In strata, there’s a key difference between lots and common property. Lots typically include the cubic space within the external walls, floor and ceiling of the apartment. This will usually also include internal apartment walls and structures, for example, a kitchen bench.
Common property is usually made up of anything outside the cubic space of the lot. This includes external walls, the space above ceilings, and common spaces like hallways, carparks and gardens. Important common utilities such as electrical wiring and plumbing and structural elements like columns can also be common property, even if they sit within the cubic space of the lot.
Lot owners have the right to renovate their individual lots in accordance with the by-laws of the strata scheme and NSW Government regulations. It’s important to identify whether your renovations will alter common property in a significant way. If so, then it needs approval from you Owners Corporation.
Below are the steps you can undertake to obtain approval to renovate your lot in strata.
Step 1: Identify the kind of renovation you want
Lot owners can undertake three types of renovations:
a. Cosmetic work
Cosmetic work includes very minor changes such as painting, replacing carpet or installing hooks or screws. Cosmetic work does not make any structural changes to the lot.
This type of renovation does not require approval.
b. Minor renovations
Minor renovations include, but are not limited to: kitchen renovations, changing recessed light fittings, installing or replacing wood or other hard floors, installing or replacing wiring, and work involving reconfiguring walls.[1]
This type of renovation requires approval.
c. Major renovations
Major renovations are significant changes to common property. This usually includes:
- renovations to a bathroom,
- changes to the ceiling,
- alterations to a common property wall or window, and
- changes that affect the external appearance of the lot.
This type of renovation requires approval by special resolution at a general meeting.
Step 2: Check the strata plan
First check the strata plan to identify what areas of the building are lot property and common property. Common property will usually be identified on the plan by thicker lines for walls and notations written on the plan.
Step 3: Check the by-laws of your strata scheme
It’s important to review the by-laws of your strata scheme to identify the specific requirements your strata scheme may require when renovating lots. There may also be generic approvals for lot owners that already allow you to do the renovations.
Step 4: Apply for approval of the renovations
To make a minor renovation to your lot you will need to provide written notice of proposed minor renovations to the Owners Corporation with:
- details of the work and copies of any plans for the renovations.
- expected duration of the work and times it will be completed.
- details of the workers undertaking the renovations and the qualifications they have to carry out the work: and
- any arrangements you have made to manage the rubbish/debris from the renovations.[2]
With minor renovations, you will need to ensure the renovations do not affect the structure of the lot or common property. You will be required to pay for any damage to common property in the process of renovating if this occurs. Your strata scheme may already have a process in place for applying for minor renovations. If this isn’t identified in the by-laws, you can ask the secretary or strata manager.
Approval requirements
Generally, approval for a minor renovation requires 50% of votes in favour by the Owners Corporations at a general meeting.
In order to get approval for major renovations, the lot owner will need to propose a common property rights by-law detailing the proposed works and allocating responsibility for those works. These by-laws can also grant the lot owner exclusive use of common property areas relevant to the renovation. If accepted, this will become one of the by-laws for the scheme. Approval of a major renovation requires 75% of votes in favour at a general meeting.
Need help with strata renovations?
For more information on how to obtain approval to renovate in strata, or if you’re unsure whether your proposed renovations require approval, please contact Ben Johnson, Coleman Greig’s Building and Construction solicitor in the Litigation and Dispute Resolution Team.
Our experienced team can guide you through the process, help you avoid common pitfalls, and ensure your renovations are compliant — saving you time, stress, and unnecessary costs.
[1] Ibid s 110.
[2] Ibid s 110(4).
