What you can do in a NSW strata unit without approval

Cosmetic work you can do without approval

NSW Fair Trading’s strata renovation page says: “Cosmetic work doesn’t need approval.” Its list of cosmetic work covers:

• installing or replacing hooks, nails, screws, handrails, blinds, curtains or built-in wardrobes
• painting the interior
• filling minor holes and cracks in internal walls
• laying carpet

The rule is in section 109 of the Strata Schemes Management Act 2015 (NSW): “The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.” That matters because the walls around a unit are often common property; NSW strata guidance lists boundary walls among the owners corporation’s repairs. The section also says the owner must make sure any damage to common property is repaired and the work is done “in a competent and proper manner”.

Fair Trading also says a scheme “can choose to add more types of work to the list of cosmetic work”, so check your by-laws. Section 109 does not cover structural changes, work that changes the outside appearance, work that detrimentally affects safety (including fire safety systems), waterproofing, plumbing or exhaust work, reconfiguring walls, or work that needs approval under another law. The grab rail guide covers whether a bathroom grab rail counts as a handrail, and why drilling a shower wall can involve waterproofing. By-laws can also set practical rules, such as working hours or notice to the building manager.

Handyman jobs that count as cosmetic work

Matched against Fair Trading’s list, these common jobs are cosmetic work. The match is our reading of that list; check your by-laws if you are unsure.

• Picture, mirror and shelf hanging with hooks, nails or screws. See shelf installation and picture hanging.
• Small plaster patches: filling minor holes and cracks in internal walls. See plaster wall repairs.
• Painting touch-ups inside the unit. See small painting touch-ups.
• Curtain rods and blinds on the inside of windows. See curtain rod and blind installation.
• Built-in wardrobes, and fixing a flat-pack wardrobe to the wall with its anti-tip strap (see flat-pack assembly).

In schemes using the NSW common property memorandum, internal doors and cupboards are the lot owner’s responsibility, so door and cupboard repairs inside the unit are not a renovation question at all. Doors in common property walls, such as balcony doors, and the original flyscreens are different: the memorandum puts them with the owners corporation, so ask the strata manager before repairing them. Our sliding door guide covers balcony doors.

Minor renovations that need approval

Fair Trading says “Minor renovations need approval” from the owners corporation, through the strata committee or strata managing agent. Its list includes kitchen renovations, changes to internal walls and recessed light fittings, and installing or replacing:

• wood, tile or other hard flooring, including removing carpets
• wiring, cabling, power or access points
• a rainwater tank or a clothesline
• a reverse cycle air conditioner or a heat pump
• double or triple glazed windows
• ceiling insulation

Approval needs more than 50% of the votes cast at a general meeting, or a strata committee decision where a by-law allows it. Section 110 of the Act covers minor renovations.

Major renovations and work outside this service

Changes that affect the outside or structure of the building, work that needs waterproofing, changes to the ceiling and work that needs approval under other laws are major renovations. Fair Trading says they need a special resolution, where no more than 25% of the value of the votes cast is against the work.

Bathroom work, structural changes, electrical and plumbing work are outside this minor-repair service in any case. Without the right approval, Fair Trading warns that “you may need to pay money to put the property back to how it was before you renovated it.”

Renting a strata unit

Section 109 is for lot owners. Fair Trading says tenants “should write to your landlord to ask for permission before you make any changes”, that “The landlord cannot unreasonably reject requests for cosmetic or minor renovations”, and that if the landlord agrees, they follow the strata approval process on the tenant’s behalf.

Our rental repairs guide covers asking for permission and reporting repairs.

Before the work starts

• Check the by-laws for working hours, lift bookings and notice.
• Repair any damage the work causes to common property: section 109 makes that the owner’s job.
• Fire doors and window safety locks are safety items: do not change or remove them, and ask the strata manager before fixing anything to a fire door.
• In a building constructed before 1990, do not drill or sand wall or ceiling material that might contain asbestos until it has been tested.

For a quote, list each job with item counts and sizes, say it is a strata unit, and mention any by-law rules or lift booking you know about.