Renovating an apartment or unit in an Australian strata scheme is nothing like renovating a freestanding house. Even seemingly minor changes — replacing flooring, updating a bathroom, or installing an air conditioner — may require formal by-law approval from the owners corporation, and the approval process can be complex, expensive, and time-consuming. Worse, renovations carried out without proper approval can be ordered to be reversed at the owner's expense, even years after completion. The strata renovation landscape changed significantly with legislative reforms across several states, introducing new approval pathways and clearer definitions of what requires consent. But the rules vary substantially between states, and individual strata schemes may impose additional restrictions through their by-laws.
What is a By-Law Renovation Approval?
In Australian strata law, a by-law renovation approval is the formal consent required from the owners corporation (body corporate) before a lot owner can carry out renovations that affect common property, the external appearance of the building, or the structure. Common property includes walls, ceilings, floors (structural), windows, balconies, and building services — meaning most renovations of any substance require approval. The type of approval needed depends on the nature of the work: cosmetic work may require only notification, minor renovations may need committee approval, and major renovations typically require a special resolution at a general meeting.
Red flags to watch for
Blanket renovation bans may be unenforceable under state legislation that provides for cosmetic and minor renovation pathways, but they create a chilling effect and can lead to disputes even for permitted work.
Without a mandated response period, the owners corporation or strata committee can delay indefinitely, effectively blocking your renovation through inaction.
A by-law requiring you to reverse approved renovations whenever the owners corporation decides (not just at sale or lease end) means your investment in improvements is never secure.
While reasonable bonds for renovation damage are standard, some schemes charge excessive amounts with unclear refund criteria, effectively taxing renovations.
Under reforms in NSW and other states, cosmetic work (painting, installing hooks, replacing carpets) should not require approval. A by-law that requires consent for all changes may conflict with legislation.
Your legal rights
Strata renovation approval is governed by state legislation: the Strata Schemes Management Act 2015 (NSW) introduced a three-tier system — cosmetic work (no approval needed, s.109), minor renovations (committee approval, s.110), and major renovations (special resolution, s.111). The Owners Corporations Act 2006 (Vic) and Body Corporate and Community Management Act 1997 (Qld) have different frameworks but similarly distinguish between minor and major works. The Strata Titles Act 1985 (WA) was substantially reformed in 2020. Common property alterations typically require a special resolution (75% vote) or in some cases a unanimous resolution. NCAT (NSW), VCAT (Vic), and QCAT (Qld) adjudicate disputes. Lot owners can challenge unreasonable by-laws as 'harsh, unconscionable or oppressive' under most state strata legislation. Building work must also comply with the relevant Building Code, local council approvals, and the Home Building Act (NSW) or equivalent for work over prescribed thresholds.
Questions to ask before you sign
- 1What category does my proposed renovation fall into under the current strata legislation — cosmetic, minor, or major?
- 2What is the approval process and expected timeframe for a decision?
- 3Is a renovation bond required, and what are the conditions for its refund?
- 4Am I required to use specific contractors or obtain additional insurance for the renovation?
- 5What happens to the renovation improvements when I sell — do they transfer to the buyer, or must they be removed?
- 6Does the strata scheme have specific by-laws about flooring, noise insulation, or building materials that affect my plans?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.