NSW: Q&A Apartment renovations without approval. Oops … What do we do now?

Question: We have recently renovated our kitchen without approval from the Owners Corporation. Will have to return the kitchen to the original condition or be fined?

Answer: Transparency and pro-activeness is usually the best approach when something like renovations without approval occurs.

Kitchen renovations (with works involving waterproofing) are “minor renovations” under the new strata legislation which means you should have obtained an ordinary resolution at a general meeting of the owners corporation (or resolution of the strata committee if there is a by-law authorising the strata committee to approve minor renovations).

Transparency and pro-activeness is usually the best approach when something like renovations without approval occurs, so, yes, contact your strata manager, provide a full scope of works carried out and indicate that you will repair & maintain your works and indemnity the owners corporation in respect of them.

It is difficult to predict the likelihood of having to remove your renovations and it would be difficult to reinstate the common property because presumably you no longer have the original fixtures, fittings, tiles etc.

Enforcement of strata legislation varies from scheme to scheme and strata management agency to strata management agency but given your willingness to regularise your works, in our view it is unlikely you would be expected to remove your works.

For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.


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