Key Considerations for Renovating Your Strata-Titled Property in NSW

Table of Contents

5 min read

Undertaking renovations within a strata scheme demands a thorough grasp of the associated processes and legal obligations, especially for structural modifications in a strata building. This comprehensive guide outlines crucial steps and factors to consider when planning major renovations within a strata scheme.

We’ll explore:

  • Obtaining required strata approvals
  • Complying with building regulations and the strata by-laws
  • Engaging constructively with your strata community
  • Handling post-renovation procedures

Our goal is to provide practical guidance to help you navigate your strata apartment renovation project smoothly and efficiently.

Securing Strata Approval for Your Apartment Renovation

The level of strata approval needed depends on your planned renovations. Strata law categorises renovations into three types: cosmetic, minor, and major. Here’s what you need to know about each category’s approval requirements.

Cosmetic Works Approval

Cosmetic changes typically don’t require owners corporation approval. These are alterations that don’t affect the property’s structural integrity or external appearance and aren’t related to waterproofing.

Examples of cosmetic work include:

  • Installing or replacing hooks, nails, screws, handrails, blinds, curtains, or built-in wardrobes
  • Interior painting
  • Fixing minor holes and cracks in internal walls
  • Installing carpet

Remember, individual strata schemes may have unique rules. Always check your scheme’s by-laws for a clear understanding of permitted cosmetic alterations.

Minor and Major Renovations Approval Process

Distinguishing Minor and Major Renovations

Minor renovations require prior approval but shouldn’t alter the property’s exterior or structure, excluding waterproofing. Failure to obtain necessary approvals could result in restoration costs.

Major renovations involve substantial structural changes and require a more stringent approval process.

It’s crucial to hire licensed building contractors or tradespeople to ensure qualifications and adherence to building standards.

Unauthorised major renovations can lead to serious consequences, including financial liability for property restoration and potential legal issues.

Obtaining Approval for Minor and Major Renovations

Follow these steps to secure owners’ corporation approval:

Approving Authority:

  • Minor renovations: The strata committee may approve if authorised by a by-law
  • Major renovations: Direct owners corporation approval required

Required Documentation:

Provide the owners’ corporation with:

  • Detailed work description, including plans and expert reports for structural changes
  • Expected renovation duration and working hours
  • Contractor details and qualifications
  • Waste management plan
  • Draft motions, approvals, and relevant by-laws

Approval Procedure:

  1. Submit motions and required documents to the strata manager
  2. Arrange an earlier meeting if necessary (you may bear costs)
  3. Meeting agenda distributed to lot owners (at least 14 days before)
  4. Motion presented and voted on at the general meeting
  5. Attend the meeting to advocate for your motions
  6. For major renovations, pass and register a by-law within six months

Reasonable Approval Conditions

Approvals may come with conditions to maintain building integrity and resident well-being:

  1. Timing and noise restrictions
  2. Licensed professional engagement requirement
  3. Certification requirements for structural or waterproofing work
  4. By-law registration and maintenance obligations

If Your Motion is Rejected

If renovations aren’t approved or the necessary by-law isn’t enacted, you can appeal to the New South Wales Civil and Administrative Tribunal.

Prepare your case thoroughly, follow specific procedures, and ensure all documentation is complete and accurate to improve your chances of gaining approval.

Assessing Common Property Impact in Strata Apartment Renovations

When planning strata apartment renovations, it’s crucial to determine if your project will affect common property. This includes areas like walls, balconies, and facades, which are typically considered shared spaces in strata schemes. Consult with your strata committee, owners corporation, or strata manager to understand how your renovations might impact common areas.

Navigating Common Property Renovation Approvals

  1. Review and Amend By-laws
    • Examine existing by-laws relevant to your renovation plans
    • If necessary, prepare proposals for by-law amendments or new by-laws
  2. Obtain Consent
    • Secure written approval from owners directly affected by the changes
    • This is especially important if your renovations grant exclusive rights over common property
  3. Major Renovation Approval Process
    • Special Resolution: Major common property renovations typically require a special resolution at a strata meeting
    • By-law Creation: Draft a specific by-law outlining the proposed works and maintenance responsibilities
    • Build Consensus: Work towards securing the necessary votes, ensuring all relevant owners are informed and in agreement

Maintain thorough documentation of all approvals, consents, and resolutions to ensure legal compliance. Keep open communication with the strata committee and other owners throughout the process to maintain transparency and prevent misunderstandings.

For complex renovations or legal aspects, consider seeking professional advice. This approach helps align your renovation plans with legal requirements and community standards, fostering a harmonious living environment and avoiding potential disputes.

Meeting Building Standards in Strata Property Renovations

When renovating your strata property, whether it’s an apartment or duplex, it’s essential to comply with established building standards. This ensures safety for builders and residents while minimising the risk of future property defects.

To ensure your renovation work is safe and meets required standards:

  1. Engage a Registered Design Practitioner
    • Have them prepare regulated designs
    • This ensures compliance with current building codes and regulations
  2. Hire a Registered Building Practitioner
    • They should supervise the renovation work
    • Their expertise ensures renovations are carried out safely and to high standards

By following these steps, you’ll help safeguard the structural integrity of your property and the well-being of all occupants.

Communicating with Neighbours and Owners Corporation During Renovations

Effective communication is key when renovating your strata property. Here’s how to keep everyone informed:

Before Renovation:

  1. Notify neighbours at least 24 days in advance, especially about noisy activities
  2. Ensure compliance with strata scheme by-laws, including:
    • Noise and acoustic controls
    • Avoiding obstruction of common areas
    • Proper garbage disposal

After Renovation:

  1. Inform the owners corporation of completed work
  2. This allows for updates to the strata scheme’s insurance policy

Following these steps helps maintain community harmony and ensures proper documentation of property changes. If you’re unsure about any aspect, consult your strata manager for guidance.

Key Points to Remember

Renovating in a strata scheme involves navigating complex legal requirements and critical steps. Each phase demands careful attention and understanding of relevant regulations, which can be challenging for property owners.

Important considerations include:

  1. Obtaining necessary strata approvals
  2. Assessing impact on common property
  3. Adhering to building standards
  4. Communicating effectively with neighbours and the owners corporation

Proper planning and compliance are essential for a successful strata renovation project. If you’re unsure about any aspect of the process, consider seeking professional advice to ensure your renovation aligns with legal standards and community expectations.

By following these guidelines, you can confidently pursue your renovation goals while maintaining harmony within your strata community and potentially renovate your strata unit without major issues.

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