Everything You Need to Know About Getting Strata Approval for Renovations in NSW: A Q&A Guide
The By-Law
Should a Special Resolution for a by-law include the full by-law, which runs to two pages, or reference it as an attachment?
We are looking to renovate our bathroom. Should a Special Resolution for the by-law include the full by-law, which runs to two pages, or reference it as an attachment?
There is an Attachment A to the by-law which is includes builder’s details and a description of the work to be carried out.
Answer: We recommend that all particulars/details of the works be included within the text of the by-law itself.
For abundance of caution, we recommend that all particulars/details of the works be included within the text of the by-law itself as this is the document (once passed) which is registered on the folio of the common property with the Registrar General’s Office (NSW Land Registry Services) and becomes the permanent record of the approvals passed by the Owners Corporation.
However, your strata managing agent may keep on file this “Attachment A” together with the lot owner’s written consent both of which would be cross-referenced in the by-law and be available for production should a dispute arise.
Our renovation has been approved but we have been told to cease work until the bylaw has been registered. As approval has been granted, is it reasonable to withhold consent to commence?
We are looking to renovate our kitchen and bathroom. Strata has approved the renovation however the Strata Manager says we can’t start any work until the bylaw is registered. They state this could potentially take up to 3 weeks.
Given the works have been approved by the owners corporation and it will be the strata’s Solicitors attending to the registration process, is it reasonable to withhold consent to commence?
Answer: It is reasonable to demand that you wait until the by-law has been registered
A by-law has no force or effect until it is registered or recorded at the office of the Registrar-General (NSW Land Registry Services) on the common property certificate of title.
Therefore, yes, it is reasonable to demand that you wait until the by-law has been registered (presumably at your sole cost and expense), however, 3 weeks seems a bit of a long wait given that PEXA electronic registration takes 1 – 2 business days (once all the necessary documentation has been executed and lodged).
Can we combine 2 strata lots to create one large lot? What do we need to consider?
We own a two-bedroom strata apartment and are considering buying the one-bedroom apartment next door to increase our overall space and give each of our daughters their own room, etc.
If no one else’s lots, building stability, etc. are affected and we engage a structural engineer to assess/advise on the work, then commit to make good repairs prior to our sale of either apartment downstream, could we install a doorway between the 2 lots?
Are there any existing precedents for this kind of thing in current strata law?
Answer: You will need a by-law to be passed by special resolution of the Owners Corporation to approve the creation of the doorway.
You will need a by-law to be passed by special resolution of the Owners Corporation to approve the creation of the doorway (together with structural engineering certifications/specifications etc) and the by-law can stipulate the re-instatement of the wall prior to re-sale of either lot if that is the intention. The by-law will also need to be registered on the folio of the common property (Owners Corporation’s certificate of title).
An alternative (but more expensive process) would be to combine the 2 lots by way of strata consolidation ie merge the 2 lots to be one and have the strata plan re-drawn to show both apartments as one. This is done through NSW Land Registry Services and requires a survey plan and various approvals from the Owners Corporation.
To undertake major and minor renovations, do we need a separate by-law submitted for each item or can it all be included in one special renovation by-law?
When an owner wants to renovate to undertake major and minor renovations does this need a separate by-law passed for each bit of work or can it all be included in one special by-law and registered the once against the property title?
The renovations relate to minor being kitchen and flooring. Also, the addition of another window (non-opening) in the kitchen which is replacing external bricks being a major renovation requiring a by-law and special resolution being passed. We are only a small strata of 3 units.
Answer: There would never be the requirement for 2 by-laws because minor renovations only require an ordinary resolution.
The latter appears to be the industry norm and in the context of the works referred to below, would be the sensible approach. However, there is also the practice of having the strata committee approve the minor renovation component of the works (if they are delegated that power) and have the by-law apply only in relation to the “major” works which fall outside the definitions of cosmetic works or minor renovations.
In any event, there would never be the requirement for 2 by-laws because minor renovations only require an ordinary resolution without the requirement for a special resolution and by-law.
To undertake major and minor renovations, do we need a separate by-law submitted for each item or can it all be included in one special renovation by-law?
We own a strata unit in NSW and back in 2017 we installed an air conditioner with the outside unit mounted high on the balcony and also an exhaust fan in our bathroom and kitchen windows.
Now the owners corporation tells us we need to move the exterior unit of the air conditioner as it has affected the outdoor appearance of the lot. They have also insisted we remove the exhaust fans as they likewise affected the appearance of the lot.
The block is very old, built around the 1960s. Many units in the block have awnings on windows, clotheslines on balconies, pot plants sitting on balcony railings, box air conditioners in windows and units mounted in a very similar manner to ours.
We sought permission retrospectively not long after the work was completed and only heard back recently.
Answer: To effect your desired improvements, you will need a by-law for works.
To effect your desired improvements, you will need a by-law for works.
Yes, owners can object, but if 25% or more object, your by-law will fail as a special resolution is required. If the Owners Corporation “unreasonably” refuses to pass your by-law you have recourse to take action through NCAT that they were being unreasonable.
To maximise the prospects of your by-law passing, we can recommend strata lawyers to draft the by-law and usually, in this regard, the more information you provide i.e. construction materials, plans, specifications, architectural drawings etc the more likely people won’t object. Where possible your improvements should be in keeping with the appearance and amenity of the building and retain the same “look and feel”.
In our view, look and feel relates to design, construction materials and the general amenity of the building.
The extensive irregularities you mention from around the scheme would almost all certainly be breaches of by-laws and the pot-plant issue is likely to be a WH&S concern.
Seeking Approval
I’m seeking approval for new floorboard, but the committee insists upon a specific and expensive underlay. Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen?
I’m seeking permission from the Exec Committee to update my old floating floorboards to new hybrid flooring.
The committee only approves flooring if you commit to either using a very specific, made to order and expensive underlay or pay for your own acoustic testing report.
I have provided evidence that the underlay I propose exceeds the acoustic report recommendations the committee has provided.
Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen?
Answer: If you have provided probative evidence that your choice of underlay meets or exceeds the strata committee’s specifications, their demands may be construed as being “unreasonable”.
Your works are categorised as minor renovations” under the Strata Schemes Management Act, 2015 (NSW) (“Act”) provided they do not involve waterproofing and other exceptions.
If your strata committee is imposing these requirements, it appears that they have been delegated the power to approve “minor renovations” under the Act.
The Owners Corporation/strata committee may only impose reasonable conditions and approval cannot be unreasonably withheld by the Owners Corporation/strata committee as stated in the Act.
In our view, if you have provided probative evidence that your choice of underlay meets or exceeds the strata committee’s specifications, their demands may be construed as being “unreasonable”.
Do we need permission from the owners corporation to install an entertaining area, including a sink and lighting, in our villa’s backyard?
In a Villa complex can an owner build an entertainment area in their backyard?
The structure’s roof is attached from the facia board under the eaves of the back of the villa to the dividing fence, using the fence as walls for the entertainment area. The fence height has been raised to 2.2m. A sink has been installed, lighting & a fan.
Does any of this need strata approval or is this structure allowed?
Answer: Yes, strata approval (by way of a by-law as the structure changes the external appearance of the lot) is required from your description. Likely Council approval would be required too.
Do we need permission to tile over the top of tiles in our townhouse bathroom and laundry? We will not be disturbing the waterproofing or original tiles?
Answer: Tiles are hard surface flooring and therefore considered a “minor renovation” under the legislation. If the strata committee has been delegated the power to approve minor renovations, this requires an ordinary resolution of the Owner Corporation or majority vote of the strata committee.
My balcony cannot be viewed from any common property. Can I retile my balcony as long as the finish is in keeping with the building without OC approval for the renovations being asked?
I appreciate that maintenance and replacement of my balcony structure and it’s waterproof membrane are the responsibility of our Strata.
My private first-floor townhouse balcony cannot be viewed from any common property; can I retile my balcony as long as the finish is in keeping with the building without OC approval being asked?
Answer: Typically, you may not re-tile without first seeking strata approval because you will need a by-law due to your works affecting the common property waterproofing.
Typically, you may not re-tile without first seeking strata approval because you will need a by-law due to your works affecting the common property waterproofing. Your by-law will need to go to a general meeting and pass by special resolution and then be registered.
The by-law, if approved, will transfer the ongoing responsibility for repair and maintenance of the tiles and waterproofing to you.
As you are in a townhouse, however, you should check your strata by-laws and strata plan for any notations which displace the above position.
My townhouse has a compact garden with a tiled patio and lawn (within my lot). Can I take up the patio and reconfigure my outdoor landscaping to better suit my taste? Do I need approval?
Answer: Yes, you need approval by way of a by-law
Yes, you need approval by way of a by-law for 2 reasons:
- subject to the by-laws applicable to your scheme and any notations, you will be affecting the common property waterproofing by re-tiling and
- even though you propose to have the area in keeping with the appearance of the building, you will be changing the external appearance of the building.
There are strata lawyers who specialise in drafting of the required by-law and could assist.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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