Renovating a strata unit can offer a opportunity to breathe life into your living space, integrate sustainable upgrades, and improve your property’s value. However, it is important to understand the specific approval requirements needed under your scheme by-laws and state legislation regarding lot owner improvements.
If you’ve just returned from your nearby hardware store and are planning on doing some upgrades or improvements on your lot, there are a few things you need to consider before getting started. While the lot is the owner’s responsibility, certain procedures to request and gain approval still need to be followed, especially regarding improvements that could potentially impact the building’s structure, common property, or other residents. Starting renovations without strata approval could lead to penalties or orders to revert the work at the owner’s cost.
So, what happens if you need to use part of the common property for renovation works? The article is here to help you navigate strata renovation rules, application requirements, and approval processes when seeking authority to undertake renovations or additions to your lot. This might include the installation of solar panels, electric vehicle (EV) chargers, or air conditioners on common property.
Understanding the distinction between your private lot and the common property is key to planning for renovations or improvements. Typically, owners are responsible for their lots, while the body corporate or owners corporation takes care of the common areas. However, things are slightly more complex when it comes to lot owner improvements or renovations.
Owners generally need to request permission for building work that will alter common and private property. Therefore, when planning for renovations, it is important to understand these boundaries and determine the areas that the work may impact. This process can help you determine the approvals and processes needed for the work and prepare your application when submitting a request to the owners corporation or body corporate.
It’s important that each property may have different definitions of what is considered private lots versus common property. Hence, it is best practice to refer to the scheme’s specific by-laws or building rules and the registered strata plan (also known as the survey plan or plan of subdivision).
Renovating your property within a strata scheme requires careful planning and specific processes to be followed. Before starting any renovations on your lot, it is essential to consider what type of building work you plan to do and at what point you need approval from the body corporate or owners corporation.
However, when owners conduct building work, things can get slightly more complex. Unfortunately, there is no one-size-fits-all process for lot improvements, as requirements may be determined based on the type of renovation, specific by-laws, building rules, state laws, exclusive-use rules, and specific circumstances.
Although each owners corporation or body corporate might have different requirements, the following section covers some common situations for the different types of building work and the approval processes needed based on the type of renovation. Please select your state below to determine the specific requirements under your strata, body corporate, and owners corporation legislations.
In NSW, renovations can be classified into three types, each with a different approval process. Before starting any work, it is best practice to refer to your by-laws as there may be specific conditions determining the type of building work included in the renovation categories below.
Cosmetic renovations are superficial, with changes to the look and feel of your property, such as painting, attaching shelves, or installing handrails to the interior walls of your unit. You do not need approval from a committee or owner’s corporation to carry out this work.
While making cosmetic renovations within your property, please keep in mind that you are responsible for any damage to common property as a result of the renovations.
If you’re planning minor renovations, you’ll need approval by ordinary resolution from the owners corporation (or strata committee if permitted under your scheme’s by-laws). This may include renovating a kitchen, changing recessed light fittings, installing hardwood floors, removing carpet to expose hardwood floors, installing air conditioning, or replacing or changing common property infrastructure such as wiring, cabling, power, or access points.
The owners corporation or strata committee may impose reasonable conditions if they approve the works. For instance they may ask you to maintain a good state of repair for any common property connected to the renovations.
Note: there may be specific conditions in your scheme’s by-laws relating to minor renovations, so before you start any work, refer to your by-laws.The law prescribes that minor works do not include:
• Cosmetic works.
• Structural changes to the property.
• Changes to the appearance of a lot, including an external ramp.
• Works affecting the safety of a lot, including fire safety systems.
• Waterproofing, plumbing, or exhaust system of a building.
• Works requiring consent or approval under any other legislation (such as council approval or consent under the Environmental Planning And Assessment Act 1979)
• Work that is authorised by a special by-law or a common property right by-law.
Major renovations could impact the structure and framework of both your lot and the common property, therefore, require a more stringent approval process.
The strata committee cannot approve major renovations on behalf of the owners corporation. Instead, the works need approval and often a specific by-law by special resolution at a general meeting of all owners before renovations can start.
Major renovations include:
• Structural changes.
• Waterproofing.
• Fire safety.
• Cladding an installation.
• Changes affecting the property’s outside appearance, such as an access ramp.
• Works that need approval under other legislation (e.g. council approval).
For works requiring special resolution or passing a special by-law via a general meeting, the strata committee reviews the proposed scopes and plans to raise any queries or points of clarification.
Depending on your strata property’s processes; the secretary must request that the necessary motion be added to the next general meeting. However, lot owners can also accelerate the process, at their expense, by submitting a written request for a specific general meeting to be held as soon as possible to address the matter.
Common property rights by-law must be presented at the general meeting as a proposed special resolution for major works. To be passed, no more than 25% of the unit entitlements present and entitled to vote can vote against the resolution. If resolved and approved, our office can help make the necessary arrangements to have the by-law registered with the NSW Land Registry at the cost of the requesting lot owner.
Where a common property rights by-law is required for your works, the following documents must be presented to the owners corporation:
• Plans.
• Quotes.
• Engineering reports.
• The proposed by-law
• Other supporting documentation.
• Written consent from the lot owner confirms that the by-law can be registered at the Land and Property Information (LPA) Division of the Department of Lands if it is successfully passed by special resolution (refer to Section 108 of the Strata Scheme Management Act 2015).
Please note if any lot owners do not follow the correct procedures, they may be asked to restore the common property to its original state at the owners’ expense.
If the alterations do not impact common property, it is still a requirement for the lot owner to advise the owners corporation of the upcoming work.
Under Section 152 of the Strata Schemes Management Act 2015, the lot owner must give 14 days written notice of their intention to alter the lot. This helps provide the owners corporation with sufficient time to ask questions and communicate any requirements regarding common property management.
If the strata committee is satisfied with the information provided, they may advise the lot owner that they acknowledge receipt of the notice and have no objections to the proposed alterations.
The Body Corporate and Community Management Act 1997 does not restrict the changes or improvements an owner can make to their internal lot. However, body corporate permission may be needed if the work impacts common property, alters the external appearance, or interferes with other residents. This could also include existing by-laws regarding noise and nuisance. Except for plans registered under the Commercial Module, the type of approval needed is mainly determined by its cost and whether it impacts common property.
If your renovation or improvement falls under any of the following, approval is likely required:
• Has a total cost above $3,000 (including GST if applicable).
• The works affect common property or an exclusive use area (e.g. installing solar panels on the roof or an air conditioner condenser unit outside a lot).
• The works are structural (e.g. removal or addition of an internal wall) or affect the appearance of the lot from the exterior (installing shutters or security screen doors).
• The works may violate an existing by-law or are likely to impact the peaceful enjoyment of any of the other occupants or owners, such as those relating to noise and nuisance.
The cost may not be relevant if the works are internal to a lot but require body corporate approval for other reasons, such as potential noise or nuisance impact on neighbours.
• Legislation requires committees to consider motions submitted by owners within six weeks if they are within their authority to approve. Otherwise, the motion can be deemed unapproved, and owners can dispute the outcome via the Body Corporate and Community Management Commissioner’s Office.
• Lot owners are limited to submitting six motions for committee meetings per year. If your application is unclear or missing supporting information, it may not be considered under this provision until the requirements are met.
• A committee may hold a motion until their next scheduled meeting, provided it is within six weeks. Alternatively, they may opt for a ‘vote outside committee meeting,’ allowing for quick voting if discussion is unnecessary.
• Given the administrative costs associated with this type of meeting, an owner may offer to cover those costs to help expedite the application. If you would like to request this, please inform your body corporate manager.
Queensland body corporate legislation only allows committees to approve lot owner improvements to the common property under $3,000. Therefore, an ordinary resolution is required to be passed at a general meeting for work that:
• Has a total cost above $3,000 (including GST if applicable).
• Impacts the appearance of a lot.
• Affects the common property or an exclusive use area (e.g., installing solar panels on the roof or an air conditioner condenser unit outside a lot).
• Replacing an existing patio roof over an exclusive use area as close as possible to ‘like for like’ is maintenance and would not be capped at the $3,000 limit for committee approval.
• Replacing an existing shade sail with a solid patio roof in the same area is an improvement, and the committee’s authority is therefore limited to that $3,000 cap.
• When the committee cannot approve a matter, a general meeting is required where all owners are invited to vote. this meeting is usually held about four weeks later so there is enough time to notify all parties..
• A lot owner can submit a motion at any time, which is required to be included in the next general meeting. However, a body corporate is only required to hold its annual general meeting (AGM) once per year, within three months following the end of the scheme’s financial period. Therefore, requests may be held until the AGM is due.
• Alternatively, an extraordinary general meeting (EGM) may be called at any time through the year by the committee or a written request signed by owners of at least 25% of lots. As EGMs often attract additional administrative costs, an owner may offer to cover those costs. This way, their request can be considered before the next general meeting without needing the support of 25% of the other owners. If you would like to request this, please inform your body corporate manager.
Generally, individual building rules cover renovations and improvements and whether approval is needed from the committee before commencement. Although each owners corporation might have different requirements, some common situations include:
As the owner of your lot, you are entitled to renovate or refurbish the interior of your apartment or unit. However, you must notify your owners corporation if the renovations require a building or planning permit or if the works affect common property or other lot owners’ or occupiers’ enjoyment of the common property.
Factors affecting other lot owners could come from noise during renovations, alterations to common services, building materials or debris on common property and parking by contractors.
A copy of the notices can be found on the Consumer Affairs Victoria website.
An owner or occupier of a lot must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot.
An owners corporation cannot unreasonably withhold approval but may approve subject to reasonable conditions to protect the quiet enjoyment of other lot owners, structural integrity or the value of other lots and common property.
Model rule 4.3 in the Owners Corporation Regulations 2018 states that an owner or occupier of a lot must not damage or alter the common property or a structure that forms part of the common property.
Therefore, work that may alter common areas would require written approval from the owners corporation before going ahead. The most common example is the installation of air conditioning, which usually requires a compressor and pipes to be fitted to the exterior of the building and may require drilling into the wall.
In the Northern Territory, the process around lot owner improvements or renovations is largely determined by the strata title’s by-laws and house rules. However, below is a general guideline on the type of work and approval required:
Even minor changes within your own apartment might necessitate body corporate approval. The building may have specific rules about alterations. Hence, it’s always advisable to consult with the body corporate before initiating work to understand if additional approval is needed.
If the work potentially impacts common property areas, lot owners typically need to seek the body corporate’s permission. This is applicable even for changes along the boundary lines as outlined in the unit plan registered at the Land Titles Office. Changes can include installing services like cable TV, internet, or phone lines or larger changes like demolishing walls or replacing doors or windows. Keep in mind that the body corporate may set additional conditions along with their approval.
It’s also important to note that changes to open spaces might require a separate development approval. This could include work like enclosing parts or all of a balcony or courtyard. Securing a development permit before applying for any building permits is important as both may be needed.
In Tasmania, model by-laws under the Strata Titles Act 1998 outline standard requirements that owners must follow when it comes to lot improvements. Furthermore, the corporate body may require exclusive use by-law to access certain common property areas the work may impact. Below is a general guideline on when approval is needed:
As a lot owner, it’s your responsibility to keep your building and any structural improvements in good condition and to the same standard as other buildings on the site. However, if you’re planning any changes to the exterior look, design, or finish of your building, you must first get written permission from the body corporate. The same applies to constructing any new building or making structural improvements.
For work impacting common property, the owner may need to seek access rights to these areas. To facilitate this, body corporates can require by-laws passed by ordinary resolution. This would assign exclusive use and responsibilities to the owner to access specific common property areas where the building work or renovation occurs.
The common property folio of the Register will help provide information on what by-laws apply to the strata property.
Before renovating your strata property, read your by-laws or building's rules and refer to your state's laws as to whether you need consent. This will also help you confirm what processes need to be followed before starting the work. For example, you may need to apply for certain types of renovations. You can request this from your strata manager if you don't have a copy of your by-laws or building rules.
To understand what approval is required, you should first determine the type of renovation and whether it only impacts your lot or parts of the common property. This will help you prepare a detailed submission that includes the details of the works, plans, expected duration, the license and insurance details of the person carrying out the works, and the arrangement of rubbish or debris removal.
It is important to obtain the approvals from your committee, body corporate, or owners corporation first. Failure to do so can result in further costs and penalties to remove or reinstate the property to the condition before doing any work.
Even if your by-laws or building rules don't explicitly require you to inform your committee about your planned works, it's best practice to do so out of courtesy. This step can also help clarify any additional requirements or processes needed based on your particular scheme.
Consideration towards other owners is critical, particularly regarding noise levels and disruption caused during the renovation. Your by-laws and local council laws may regulate this, especially concerning the permissible times of day for conducting the works.
Once you’ve determined that the work requires approval, a formal request must be provided to the committee, body corporate, or owners corporation for consideration.
When a request is submitted, the committee will review the application and all associated plans, diagrams, specifications, etc. Once approval has been granted, owners should expect a confirmation letter confirming the consent and any reasonable conditions related to the application. Below is an overview of what lot owners may expect when submitting a strata renovation approval application:
While dealing with rejections or unfavourable conditions might seem daunting, as a lot owner, you have access to numerous dispute mediation services. These can facilitate the resolution of issues with the owners corporation or body corporate.
Here are some useful government websites providing support for disputes:
To help streamline the lot improvement and renovation process for our customers, we now have an online form where owners can easily submit requests with all relevant attachments and information to the committee for consideration and approval.
Depending on the extent and nature of the works proposed, lot owners should consider the following key points when planning to undertake a renovation within their property:
The works should be carried out by a licensed tradesperson. As the lot owner, you are responsible for providing the relevant details so that necessary checks can be made.
Your tradesperson should be adequately insured, including public liability.
For any minor and major works, the terms of the relevant by-law should attribute the responsibilities for the ongoing repair, maintenance, or replacement of any works to the lot owner (and any subsequent lot owner). You will also be responsible for reinstating any damage to common property (including any damage incurred by your appointed tradesperson or contractor).
You may need a development application (DA) approval from your local council for any layout changes or new construction. Approval of the owners corporation must be included with your council application.
If your building is heritage-listed it may require different approvals. Please investigate this before starting the application process.
Consider ways to minimise disturbance to other residents and avoid damage to common property. For example:
Committees play an essential role in managing a property on behalf of an owners corporation or body corporate. They are usually the first point of contact for lot owners and often liaise closely with strata managing agents to provide instructions and approvals regarding building work and renovations.
There are a lot of processes around these matters, but please do not let this deter you from renovating your property. If you have any questions or concerns, your strata manager could help:
Assist owners with navigating the application approval process when seeking the authority to undertake lot renovations work or additions.ity to undertake lot renovations work or additions.
Provide guidance on the relevant approval threshold and procedural requirements based on the scope of work.
Help determine whether the renovation is feasible and what permissions are needed, especially regarding noise and access to common property.
Submit owner requests to the strata, body corporate or owners corporation committee for review and approval.
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The information provided in this article is general in nature and is intended to help you understand the principles for processing applications for building or renovation works in a body corporate property. Each scheme’s approval process may vary slightly. To help determine the most appropriate course of action for your planned renovation, it is best practice to refer to your plan’s by-laws, building rules or other governance documents and check with the strata, owners corporation, or body corporate manager.
If you’d like to find out more about what you can or can’t do at your strata property, download our FREE building compliance guide on building compliance. Or for a strata repairs and maintenance services consultation by our Assured Building Maintenance team (NSW only), click here.
This article is edited by Lauren Shaw Regional General Manager and Licensee-in-Charge on February 2025.
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