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Our concise, practical guide gives you a comprehensive and brief rundown on what the strata renovation process involves in NSW.
Our concise, practical guide gives you a comprehensive and brief rundown on what the strata renovation process involves in NSW.
Our practical cheat sheet gives you a comprehensive and brief rundown on what the strata renovation process involves in NSW.
Cosmetic work typically includes modifications or changes that do not impact the structural integrity or external appearance of the property and do not involve waterproofing. This category encompasses a variety of interior modifications.
Some common examples of cosmetic work include:
However, check your strata by-laws as they may include their own definitions of what is considered “cosmetic work”.
Breathe easy. No approvals or by-laws are normally required.
In strata living, carrying out cosmetic changes typically doesn’t require approval from the owners corporation. These changes are classified as modifications that don’t affect the structural integrity or external look of the property and are unrelated to waterproofing.
Minor works include (but are not limited to) work for the purposes of the following:
Approvals are required for minor works. Here’s the gist of it:
Initiation by Owner: The owner must seek approval from the owners corporation, typically via submitting a motion at a general meeting. However, the owners’ corporation may pass a by-law allowing the strata committee to grant approvals, in which case, the owner can seek approval from the strata committee instead.
Voting Requirement: Approval requires more than 50% of the votes cast in favour. A special resolution is not necessary.
Conditions and Transparency: The owners corporation can impose reasonable conditions on the approval. The owner must provide detailed written notice of the proposed renovations, including specifics of the work, duration, personnel involved, and waste management plans.
Major works encompass:
Some examples include:
Approvals are required for major works. Briefly speaking:
Owners Corporation Approval: Major works typically require a special resolution vote at a general meeting of the owners corporation. The work is approved if no more than 25% of the votes cast are against it.
Written Notice Requirement: A 14-day written notice is necessary for structural changes, detailing the renovation’s impact on the property’s structure.
Contractor Licensing: It’s crucial to engage building contractors or tradespeople with valid licenses.
Consequences of Unapproved Work: Undertaking major works without approval may lead to the requirement of restoring the property to its original state at the owner’s expense.
Maintenance and Repair Responsibility: If the owner is responsible for post-renovation maintenance and repairs, a new by-law authorising the project and establishing this responsibility is required.
The owners’ corporation will review the documentation and may schedule a meeting to discuss and vote on the proposed renovations. This meeting could be a specially convened session or the next scheduled general meeting. Below are the broad steps you can expect to go through:
The timeframe is at your discretion. Submit the ‘Motion’ (including annexures containing the required documents) and the ‘Consent’ to the strata managing agent for inclusion in the agenda of the next general meeting.
If there’s no upcoming general meeting or if you need the by-law resolved sooner, contact your strata managing agent to schedule an earlier meeting. Be aware that you might be asked to bear the costs of this meeting.
The agenda for the general meeting, which includes your motions, is typically distributed to all lot owners around 14 days before the meeting. A minimum of 7 clear days’ notice is required for a general meeting while a minimum of 14 clear days’ notice is required for the annual general meeting. Allow an additional 4 business days for postal delivery if the notice is sent by mail.
It’s advisable to be present at the general meeting to advocate for your motions and respond to any amendments or objections that may arise.
For minor renovations, your motion will be defeated if over 50% of the unit entitlements present at the meeting vote against it.
For major renovations, a special resolution vote is needed at an Annual General Meeting or other general meeting of the owners corporation, meaning no more than 25% of votes cast should be against the work.
The motion will be presented and voted on at the general meeting. If the motion is resolved, you can commence the works immediately.
The owners corporation is also required to pass a by-law approving the proposed major renovation. It must also registered with the Land Registry Services within six months of the motion being passed. Failure to do so will result in the motion having to be re-passed, which would mean additional costs and delays for the lot owner.
The approving authority has the power to grant conditional approval for the proposed renovations. These conditions must be reasonable in nature and are often essential to maintain the building’s integrity and the residents’ well-being. They are designed to ensure renovations are conducted responsibly, without compromising the building’s structure, aesthetic harmony, and the community’s overall comfort. Common conditions include:
To reduce disruption, strata schemes often define specific hours for construction work. This helps ensure renovations occur at times least likely to disturb other residents’ daily routines and tranquillity.
Strata schemes typically mandate that all renovation work be carried out by licensed tradespeople with appropriate insurance. This ensures high-quality work and covers potential risks or liabilities.
Renovations, particularly structural or waterproofing work, often require certificates from relevant professionals, like structural engineers or certified waterproofers. These certifications confirm compliance with necessary standards and regulations.
The renovating owner may need to register a by-law for the new changes at their expense. Additionally, they are usually expected to maintain any new installations in good condition, also at their cost. This ensures that property additions are kept in a state that upholds the building’s overall quality and safety.
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If the renovations are not approved or the necessary by-law is not enacted, the lot owner may appeal to the New South Wales Civil and Administrative Tribunal for the required orders.
For a successful application, lot owners should thoroughly prepare their case, adhering to the strata scheme’s specific procedures and ensuring all documentation is complete and accurate. This approach can significantly enhance the likelihood of gaining the necessary approvals.
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