Thinking of renovating your apartment? Understanding strata approval requirements

Renovating within a strata scheme is rarely just a matter between a lot owner and their builder or contractor. Even works carried out entirely within a lot can affect common property – sometimes in ways that are not immediately apparent. For this reason, the Strata Schemes Management Act 2015 (NSW) (SSMA) establishes a structured approval regime designed to balance a lot owner’s right to renovate with the Owners Corporation’s responsibility to protect other lots, the common property, and the scheme as a whole.

In practice, many renovation disputes arise because the approval process is misunderstood or underestimated. We regularly see lot owners commence renovations, only to discover, often after work has begun, that the wrong approval pathway was followed, or that approval was required but not obtained. Taking the time to understand the correct process before any works begin can help avoid delays, disputes and unnecessary cost.

Why renovations are regulated in strata schemes

Under the SSMA, an Owners Corporation has a statutory duty to properly maintain and repair common property. Renovation works that interfere with common property, even indirectly, can ultimately affect the building’s waterproofing, structural integrity, fire safety, insurance arrangements and/or neighbouring lots.

For that reason, the SSMA regulates renovations by categorising works according to their nature and potential impact. Each category carries different approval requirements. The critical first step for any lot owner is identifying where their proposed works sit within that framework.

Cosmetic work: does not require approval

Cosmetic work is perhaps the narrowest category of renovation. It generally includes internal, superficial changes that do not affect common property, structural elements, waterproofing, building services or the external appearance of the building.

Common examples include:

• painting internal walls;

• installing picture hooks, shelving or mirrors;

• replacing carpet;

• installing internal blinds or curtains; and

• replacing cupboards or wardrobes.

In general terms, where work is genuinely cosmetic, prior approval from the Owners Corporation is not required. However, the work must still be carried out competently and must not damage common property. If damage does occur, the lot owner remains responsible for rectification.

In practice, issues often arise where work assumed to be cosmetic involves drilling into slabs, cutting walls or interfering with shared infrastructure such as pipes and drains. Once that occurs, the work will generally fall outside the cosmetic category, and the appropriate approvals will need to be sought. Where there is any uncertainty, it is prudent to seek clarification before proceeding.

Minor renovations: approval required before work commences

Most renovations undertaken in strata schemes fall within the category of minor renovations. These are works that affect common property in connection with a lot, but are not considered structural or major building works.

Typical examples include:

• kitchen renovations;

• replacing or installing timber or hard flooring;

• changing recessed light fittings;

• installing a reverse cycle split system air conditioner;

• reconfiguring non-load-bearing internal walls;

• installing or replacing wiring or cabling or power or access points; and

• removing carpet or other soft floor coverings to expose underlying wooden or other hard floors.

Minor renovations require approval from the Owners Corporation before work commences. In most cases, approval may be granted by ordinary resolution at a general meeting.

Before approval is given, the lot owner must provide a written request to undertake the proposed works, together with sufficient detail to enable the Owners Corporation to properly assess their scope and impact. Approval may be subject to reasonable conditions, including insurance requirements, restrictions on work hours, protection of common property and the rectification of any damage caused. The Owners Corporation cannot unreasonably withhold approval.

As of 1 July 2025, changes to the SSMA mean that if a lot owner submits a request for minor works and it is not refused within three months, approval is deemed to have been granted, provided there is a by-law in place authorising the strata committee to approve such works.

Any refusal must include written reasons and be issued within the same timeframe. All approvals must be recorded in the strata records and retained for a minimum of 10 years, ensuring transparency and traceability.

Major renovations and structural works

Works that involve structural alterations, or broader building impacts are treated more formally under the SSMA.

These commonly include:

• structural alterations, such as removing or altering load-bearing walls;

• bathroom renovations involving changes to waterproofing membranes;

• works that alter the external appearance of the building; and

• works requiring development consent.

These renovations generally require approval by special resolution at a general meeting. In many cases, they will also require the preparation and registration of a common property rights by-law, particularly where responsibility for ongoing maintenance and repair is to be transferred to the lot owner.

Because these by-laws are registered on title and bind future owners, careful drafting is essential to ensure responsibilities and risk are clearly and appropriately allocated.

Should an Owners Corporation decide not to approve the making of a common property rights by-law, the NSW Civil and Administrative Tribunal can approve the by-law if it finds that the Owners Corporation was unreasonable in the decision to refuse the making of that by-law.

Why the correct approval process matters

Commencing renovation works without the appropriate approval can expose a lot owner to orders to stop work, remove the completed works or compensate the Owners Corporation for loss or damage. Retrospective approval is not guaranteed and often becomes more complex (and costly) once works are underway or completed.

Ensuring that the correct approval pathway is followed from the outset provides certainty for both the lot owner and the Owners Corporation.

Do you need approval? How we can assist

As a practical starting point, the following questions may assist in determining whether approval is required:

• Does the work involve cutting into walls, floors or ceilings?

• Does it affect waterproofing, structural elements or building services?

• Does it change flooring, lighting, plumbing or electrical infrastructure?

• Does it involve common property, even within your lot boundaries?

• Does it alter the external appearance of the building?

If the answer to any of these questions is “yes”, approval is likely required. If you are unsure, it is generally safer to assume approval is needed and seek legal advice before commencing works.

Our Strata Team advises lot owners and Owners Corporations on all aspects of renovation approvals and compliance. We assist with identifying the appropriate approval pathway, interpreting by-laws, preparing renovation motions, drafting approval conditions and, where required, preparing and registering common property rights by-laws.

If you are planning renovations, or have concerns about works already undertaken, early advice can help you proceed with confidence and avoid disputes.

To get in touch with our specialist strata team, feel free to reach out to Sharon Levy or Emma Swords. 

Authors: Sharon Levy, Emma Swords & Isabel Ko

This publication is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.