NSW Strata Renovation Bylaws: Cosmetic, Minor and Major Work

What it is

NSW strata renovation rules sit in Part 6 of the Strata Schemes Management Act 2015. Every change to a lot in a NSW strata scheme falls into one of three categories. Cosmetic work runs through section 109, minor renovations through section 110, and major works affecting common property through section 111 with a backstop in section 142. The category sets the approval pathway and what bylaw needs to be passed.

For a builder working in a NSW strata scheme this matters because the wrong category means the wrong approval, and the wrong approval means unauthorised work. The owners corporation can order rectification and pursue the lot owner through NCAT.

Cosmetic work under section 109

Cosmetic work is the lightest category. The lot owner can carry it out without owners corporation approval. The Act lists what counts.

• Installing or replacing hooks, nails or screws to hang paintings
• Installing or replacing handrails
• Painting
• Filling minor holes and cracks in internal walls
• Laying carpet
• Installing or replacing built-in wardrobes
• Installing or replacing internal blinds and curtains

The owners corporation can add to the list through a bylaw but cannot subtract from it. Cosmetic work cannot affect waterproofing, structural elements, external appearance, common property pipes or fire safety. If it touches any of those it stops being cosmetic.

Minor renovations under section 110

Minor renovations need approval by ordinary resolution of the owners corporation, or by the strata committee if a bylaw delegates approval. The list covers most kitchen and bathroom updates.

• Renovating a kitchen
• Changing recessed light fittings
• Installing hard floors
• Installing or replacing wiring, cabling or power points
• Reconfiguring walls
• Rainwater tanks, clotheslines, reverse cycle air conditioners and double glazed windows

The lot owner submits a written application with scope, drawings, builder details, hours of work and a noise approach. From 1 July 2025, where a bylaw delegates approval to the strata committee, refusals must include written reasons and the application is taken to be approved if no written refusal is issued within 3 months.

Major works under section 111

Anything not cosmetic and not in the section 110 list is a major works approval. This includes bathrooms involving waterproofing or plumbing, structural changes, work affecting common property such as windows or balcony tiling, and external changes. The pathway is a special resolution at a general meeting plus a bylaw under section 108 or 143 conferring rights on the lot owner. The bylaw sets out who pays for ongoing maintenance, usually the lot owner for life.

The owners corporation cannot unreasonably refuse a section 111 application. If they do the lot owner can apply to NCAT under section 149.

SCA NSW model bylaws

Most NSW strata schemes adopt a version of the SCA NSW model bylaws, either kept as drafted or amended at the first AGM. The two most common drafting choices are an expanded section 109 cosmetic list and a delegation of section 110 approval to the strata committee. Builders should read the actual bylaws registered on NSW Land Registry Services before scoping.

NCAT review

If the owners corporation refuses a renovation, or the lot owner thinks an approval condition is unreasonable, the lot owner can apply to NCAT under sections 149 and 232. NCAT can order the works to proceed, vary conditions, or pass a bylaw on behalf of the corporation where it has unreasonably refused.

Where NSW differs from its east-coast siblings

Victoria runs strata renovations through the Owners Corporations Act 2006 with a much narrower distinction between minor and major works. Queensland runs body corporate approval through the Body Corporate and Community Management Act 1997 with five regulation modules. NSW is the only jurisdiction with a three-tier statutory split and a hard list of works in the Act itself.

What triggers a Building Commission audit

Building Commission NSW does not run audits over individual lot renovations. Once the building is occupied, renovation disputes sit with NCAT. A pattern of unauthorised renovations can attract Council attention for unapproved building work, especially where waterproofing or fire safety has been disturbed.

Rectification cost

The most common trap is a bathroom done as a minor renovation when it should have been major. The owners corporation can require the lot owner to restore the affected common property at the lot owner cost. Median rectification on a single bathroom is fifteen to forty thousand dollars when waterproofing has to be redone.