Renovating your apartment can be one of the most satisfying things you do as a strata owner. It can also be one of the most legally fraught if you get the approval process wrong. In NSW strata, the law draws sharp distinctions between different types of work, and the consequences of bypassing the right approval path range from an order to reinstate what you have just built to liability for your neighbour's legal costs. This article explains the three-tier framework, what falls into each tier, and how to navigate the approval process correctly.

Audience	Relevance	Why it matters
Lot owners planning renovations	Essential	Understanding which tier your work falls into before you start is the most important step. Getting it wrong is expensive.
Owners who have already done work	Very important	If work was done without approval, understand your options before someone complains.
Strata committee members	Important	Know when you can approve work, when you must refuse in writing, and when a general meeting is required.
Purchasers doing due diligence	Relevant	Unapproved renovations in a lot you are buying can become your problem. Check the records.

The three-tier framework at a glance

	Cosmetic work	Minor renovation	Major work
Legal basis	Section 109 SSMA	Section 110 SSMA	Section 108 SSMA
Approval needed	None	Ordinary resolution at general meeting (or committee if delegated by by-law)	Special resolution at general meeting + by-law registered at NSW LRS
Vote threshold	N/A	Simple majority of votes cast	No more than 25% of lot entitlement votes against
By-law required	No	No (unless work affects common property and OC wants to formalise maintenance responsibility)	Yes where maintenance passes to owner — must be lodged at NSW LRS within 6 months of the special resolution
Typical examples	Hanging pictures, painting walls, laying carpet, installing blinds, filling cracks	Kitchen renovation, hard floors, rewiring, reverse cycle AC, reconfiguring non-structural walls	Bathroom renovation (waterproofing), external AC unit, structural wall removal, awnings, satellite dish
OC refusal grounds	N/A — owner does not need to ask	Cannot be unreasonably withheld; must give written reasons if refusing (committee)	Discretionary — OC can refuse for any valid reason at general meeting

Tier 1: Cosmetic work (Section 109) — no approval required

Section 109 of the Strata Schemes Management Act 2015 (NSW) gives lot owners the right to carry out cosmetic work to common property in connection with their lot without needing the OC's approval. The rationale is that these works are so minor and reversible that requiring a formal vote would be disproportionate.

What counts as cosmetic work

The Act lists the following as cosmetic work (the list is not exhaustive, and your by-laws may add to it):

• Installing or replacing hooks, nails, or screws for hanging paintings and other things on walls
• Installing or replacing handrails
• Painting (internal)
• Filling minor holes and cracks in internal walls
• Laying carpet
• Installing or replacing built-in wardrobes
• Installing or replacing internal blinds and curtains

There are no other work types currently prescribed by the regulations as cosmetic, but your scheme's by-laws may add further items. Check your by-laws before assuming that something is cosmetic.

What cosmetic work cannot include

The Section 109 exemption does not apply to any of the following, regardless of how minor they may seem:

• Work that falls within the definition of minor renovations (Section 110) or major works (Section 108)
• Structural changes
• Work that changes the external appearance of the lot (including installing an external access ramp)
• Work that detrimentally affects the safety of a lot or common property, including fire safety systems
• Work involving waterproofing, or the plumbing or exhaust system of a building
• Reconfiguring walls (this moves the work into the minor renovation category)
• Any work requiring consent or another approval under any other Act (including development consent from council, or a complying development certificate)

Your responsibilities for cosmetic work

No approval does not mean no accountability. Under Section 109(3), the owner must ensure that any damage caused to common property by the cosmetic work is repaired, and that the work and any repairs are carried out in a competent and proper manner. If your tradesperson chips the hallway wall installing your new shelving brackets, you are responsible for fixing it.

Tier 2: Minor renovations (Section 110) — ordinary resolution required

Minor renovations are a step above cosmetic work: they involve more substantial changes that warrant oversight, but are not so significant as to require a special resolution or a registered by-law. The approval comes from the OC at a general meeting by ordinary resolution, meaning a simple majority of votes cast. The OC cannot unreasonably withhold this approval, but it can impose reasonable conditions.

What counts as a minor renovation

Section 110(3) of the Act gives the following non-exhaustive list:

• Renovating a kitchen (not including work involving waterproofing — that is major)
• Changing recessed light fittings
• Installing or replacing wood or other hard floors
• Installing or replacing wiring, cabling, power, or access points
• Work involving reconfiguring walls (non-structural)

Regulation 28 of the Strata Schemes Management Regulation 2016 adds the following as prescribed minor renovations:

• Removing carpet or other soft floor coverings to expose underlying wooden or other hard floors
• Installing a rainwater tank
• Installing a clothesline
• Installing a reverse cycle split system air conditioner
• Installing double or triple glazed windows
• Installing a heat pump
• Installing ceiling insulation

Your by-laws can add additional items to this list. Some schemes have expanded the minor renovation category to include further types of work to streamline approvals.

What minor renovations cannot include

Even though Section 110(3) says 'includes but is not limited to', there are hard exclusions. A renovation is not a minor renovation if it involves:

• Structural changes
• Changes to the external appearance of the lot (including external access ramps)
• Waterproofing (this is a major work)
• Work that detrimentally affects the safety of a lot or common property

These exclusions mean that, for example, a kitchen renovation that requires retiling the floor with waterproofing underneath is not entirely a minor renovation. The waterproofing component requires a special resolution and a registered by-law. Many owners are caught by this when planning bathroom renovations — what looks like a simple refresh is technically a major work because of the waterproof membrane.

The written notice requirement

Before applying for approval of a minor renovation, Section 110(4) requires the owner to give written notice to the OC. The notice must include:

• Details of the proposed work, including copies of any plans
• The proposed dates and times for carrying out the work
• Details of the tradesperson who will carry out the work (including their licence details where applicable)
• Arrangements for managing any rubbish or debris resulting from the work

This notice must be given before the approval is sought — it is not the same as the agenda motion, though in practice your strata manager will often bundle these together. The purpose is to allow the OC to consider the detail of the work before deciding whether to approve it and on what conditions.

The approval process

Once written notice has been given, the owner can ask the strata manager to place a motion on the agenda of the next general meeting. The motion is decided by ordinary resolution at the meeting. If more votes are cast in favour than against, the motion passes. The OC may attach conditions to the approval: for example, specifying the hours during which work can be carried out, requiring the use of a licensed tradesperson, or setting acoustic requirements for hard floor installations.

The OC cannot unreasonably withhold approval. If it refuses without good reason, the owner can apply to NCAT for an order directing the OC to grant approval.

Committee approval: the delegated authority path

The by-laws of a scheme can delegate the OC's power to approve minor renovations to the strata committee (Section 110(6)(b)). If such a by-law is in place, the owner can seek committee approval rather than waiting for a general meeting. This is faster in practice, as committee meetings occur more frequently than general meetings.

From 1 July 2025, if a by-law delegating authority to the committee is in place and the committee fails to give the owner a written refusal with reasons within three months of the request, the minor renovation is deemed to have been approved. This deemed approval only applies where the delegation by-law exists. Records of all approved minor renovations must be kept for 10 years.

Hard floors: the most common minor renovation dispute

Replacing carpet with timber, vinyl, or hybrid flooring is one of the most common strata renovation requests — and one of the most common sources of disputes. The work is a minor renovation under Section 110 and requires an ordinary resolution. However, the OC can attach conditions, and almost every scheme's model by-laws include a requirement that hard floor coverings must not transmit noise in a way that unreasonably disturbs other owners or occupiers.

The Building Code of Australia sets a minimum national standard for impact sound (Ln,w + CI = 62dB). Your scheme's by-laws may require a higher standard. When applying for hard floor approval, you will typically be asked to provide a test report from your flooring supplier confirming the system (flooring plus underlay) meets the required acoustic standard. The committee or OC may also require a post-installation acoustic test, at your cost.

If you install hard floors without approval, or without meeting the acoustic conditions, NCAT can order you to remove the flooring and reinstall flooring that meets the required standard. This has happened in numerous NCAT decisions. Get the approval in writing, with the conditions clearly documented, before laying a single plank.

Tier 3: Major works (Section 108) — special resolution and by-law required

Section 108 covers everything that is not cosmetic work and not a minor renovation: adding to, altering, or erecting a structure on common property for the purpose of improving or enhancing it. Major works require the most rigorous approval process, and the by-law requirement means the approval is recorded on the common property certificate of title — providing legal certainty for the owner and putting subsequent owners on notice.

What counts as major work

The Act does not give an exhaustive definition of major works. The category is essentially 'everything not covered by Sections 109 and 110.' The most common examples include:

• Structural changes to a lot, including removal of load-bearing walls
• Any work involving waterproofing — including bathroom renovations (retiling floors over waterproof membranes), balcony waterproofing, and similar
• Changes to the external appearance of the lot or building: installing an awning, attaching an air conditioning unit to an external wall, installing a satellite dish, adding external shutters, a pergola, or a deck visible from outside
• Installing an external access ramp
• Works involving fire safety, cladding, or insulation affecting common property
• Additions to common property such as a carport or garage
• Any work requiring development consent from council, a complying development certificate, or any other statutory approval under another Act

The approval process for major works

Obtaining approval for major works involves several steps and they must be done in the right order:

• Step 1 — Pass a special resolution at a general meeting: The special resolution must specifically authorise the proposed works. From 1 July 2025, the resolution must also specify whether ongoing maintenance responsibility for the affected common property rests with the OC or the owner. If the resolution does not specify, Section 108(4) provides that the OC retains responsibility by default. Getting this right in the motion wording is important — it determines who bears the cost of maintaining the renovation for years to come.
• Step 2 — Owner's written consent to maintenance by-law (if maintenance passes to owner): Under Section 108(5), if the special resolution provides that the ongoing maintenance is the owner's responsibility, it has no effect unless the OC first obtains the owner's written consent to making a by-law assigning that maintenance obligation to them. This is the owner formally agreeing to take on the maintenance burden as a condition of the approval.
• Step 3 — Make and register the by-law at NSW Land Registry Services: Where the special resolution assigns maintenance to the owner, a by-law must be made and lodged at NSW LRS. The by-law must be lodged within 6 months of the resolution being passed, otherwise it lapses and the process must begin again. Registration records the approval and the maintenance obligation on the common property certificate of title.
• Step 4 — Obtain any other statutory approvals: Depending on the nature of the works, a development consent, complying development certificate, construction certificate, or other approval may also be required from council or a private certifier. These run alongside the strata approval process — one does not substitute for the other.

Who is responsible for maintenance after major works

From 1 July 2025, the special resolution approving major works must specify whether ongoing maintenance responsibility for the affected common property rests with the OC or the owner. If the resolution is silent on this, Section 108(4) provides that the OC retains responsibility by default.

Where maintenance is assigned to the owner, this should be documented in a by-law and registered at NSW LRS so that the obligation is on title and binds future purchasers. A well-drafted by-law will state exactly what the owner is responsible for maintaining, and will require the owner (and successors) to maintain the works to an appropriate standard.

Before you start: what you must tell the OC

For both minor and major works, there is a notification requirement before you seek approval. The notice requirements under Section 110(4) apply to minor renovations and are usually applied by analogy to major works as well. The written notice must include:

• Details of the proposed work, including plans where applicable
• The proposed start date and the expected duration, including proposed working hours
• The name and licence details of the tradesperson or contractor carrying out the work
• Arrangements for managing rubbish and debris from the work

In practice, your strata manager will usually have a standard renovation application form that captures all of this information. Submit the completed form to the strata manager well before the meeting at which you want the motion considered — meeting agendas are usually finalised 14 days before the meeting, and adding a last-minute motion is not always possible.

What happens if you carry out works without approval

The consequences of proceeding without the required approval are serious and expensive. The law gives the OC and affected owners significant powers to require rectification, and NCAT has made clear in many decisions that approval cannot simply be obtained after the fact to legitimise unauthorised works.

NCAT orders

Under Sections 132, 232, and 241 of the Act, NCAT can make orders requiring:

• Removal of the unauthorised works and reinstatement of the common property to its original condition, at the owner's cost
• Payment of damages by the owner to the OC or affected lot owners
• Any other order the Tribunal considers appropriate to settle the dispute

The costs of reinstating common property can be very substantial. An owner who tiles a bathroom without proper approval for the waterproofing may be ordered to remove the entire floor and wall finish back to the substrate, install an approved waterproof membrane, and retile to the satisfaction of the OC — entirely at their own expense.

Retrospective approval: possible but not a right

Strictly speaking, the Act does not contemplate retrospective approval for major works — the by-law is meant to be in place before the works begin. In practice, NCAT and owners corporations sometimes reach pragmatic solutions: the owner prepares and registers a by-law after the fact, and the OC resolves not to pursue rectification. But this is entirely at the OC's discretion. The OC is not obliged to offer or accept a retrospective approval, and it has every right to insist on reinstatement.

For minor renovations, retrospective approval is slightly more flexible in practice — the OC can pass an ordinary resolution after the fact — but it is still at the OC's discretion and the owner has no legal entitlement to it. For hard floor disputes in particular, retrospective approval often comes with conditions requiring upgrade works to meet acoustic standards, which may be as expensive as installing the floor correctly in the first place.

Impact on sale of the lot

Unapproved renovations do not disappear when you sell. A purchaser's solicitor conducting due diligence will review the scheme's records of approved renovations. If they find that the kitchen or bathroom was renovated without a by-law, they may require a reduction in price, a warranty from the vendor, or rectification before settlement. For major works that lack a registered by-law, the purchaser's bank may decline to lend against the lot. Getting the approvals right protects both your use of the property and its future saleability.

Frequently asked questions

My bathroom needs retiling. Is that cosmetic, minor, or major?

Almost certainly major. Bathroom retiling almost always involves disturbing or replacing the waterproof membrane beneath the tiles. Any work involving waterproofing is explicitly excluded from both the cosmetic and minor renovation categories under the Act. It requires a special resolution at a general meeting and a by-law registered at NSW LRS. Budget additional time and cost for the approval process.

I want to install a split system air conditioner. What do I need?

It depends on where the unit goes. Installing a reverse cycle split system air conditioner is a prescribed minor renovation under Regulation 28, provided it does not involve structural changes, changes to the external appearance, or waterproofing. If the unit is installed entirely inside the lot and connects to an existing penetration, it will usually be a minor renovation requiring an ordinary resolution. However, if the outdoor compressor unit needs to be mounted on an external wall or on common property, that changes the external appearance of the building and becomes a major work requiring a special resolution and a registered by-law. Ask your strata manager before you book the installer.

Can I start work once the general meeting has approved it?

For minor renovations, yes — once the ordinary resolution has been passed and any conditions set, you can proceed. For major works, no — you must wait until the by-law has been registered at NSW LRS. The registration process typically takes a few weeks. Plan for this in your renovation timeline and do not book contractors to start immediately after the meeting.

The OC refused my minor renovation application. What can I do?

First, ask the OC for its written reasons for refusal. If the committee refused (under a delegation by-law), they are required to give written reasons. If the refusal was at a general meeting, request the reasoning. If the refusal is in your view unreasonable, you can apply to NCAT for an order directing the OC to approve the works. NCAT can also substitute its own decision for that of the OC if it finds the refusal was unreasonable. Seek legal advice before making an NCAT application.

Do I need council approval as well as strata approval?

It depends on the nature of the works. Strata approval and council approval (development consent, complying development certificate) are separate processes and one does not substitute for the other. Many internal minor renovations do not require any council approval. But structural works, changes to the external appearance of the building, or significant additions may require development consent or a complying development certificate from council, as well as a construction certificate and potentially an occupation certificate. Your architect or certifier can advise on whether statutory approvals are required before you seek strata approval.

I am a tenant. Can I carry out renovations?

Tenants do not have the right to carry out minor or major renovations independently. Any renovation affecting common property requires the lot owner's involvement as the approval applicant. If you are a tenant who wants to make changes, you need your landlord's written permission first, and then the landlord must go through the correct strata approval process. For cosmetic work such as hanging pictures or laying carpet, the position is less clear in some schemes — some by-laws limit even cosmetic changes by tenants, so check your lease and the scheme's by-laws.

Is a by-law always needed for minor renovations?

Not always. An ordinary resolution at a general meeting is the core approval mechanism for minor renovations — no by-law is formally required by the Act for the approval itself. However, the OC may choose to have a by-law prepared and registered when approving minor renovations that affect common property, to formally document the maintenance responsibilities. This is more common for works like hard floor installations where there is an ongoing acoustic compliance obligation. Your strata manager can advise whether a by-law is recommended in your circumstances.