Unapproved Works in Strata: What Owners Corporations Need to Know

What happens when a lot owner renovates without approval? Unapproved works, from kitchen and bathroom renovations to waterproofing and structural changes, can raise difficult questions for owners corporations about approval, maintenance responsibility and insurance, and about what can be done once the works are already in place.

Under the Strata Schemes Management Act 2015 (NSW), the approval an owner needs depends on the type of work. Cosmetic work, such as painting or laying carpet, can be done without the owners corporation’s approval. Minor renovations require approval by resolution at a general meeting, and that approval cannot be unreasonably withheld. Neither category extends to work involving structural changes, changes to the external appearance of a lot, or waterproofing. Changes to common property outside these categories are dealt with under section 108, which requires a special resolution authorising the particular action.

Where works have already been carried out, section 126(2) allows NCAT to make a “work approval order” approving minor renovations, alterations or repairs already made, if it considers the owners corporation unreasonably refused its consent. That order is not automatic. In Colman v The Owners – Strata Plan 61131 [2025] NSWSC 63, the Supreme Court held that NCAT cannot approve works under section 126(2) unless the relevant approval was first sought from the owners corporation.

In this episode of the Strata Law Podcast, Sachs Gerace Lawyers’ Associate Ramsha Nouman explains when approval is required, what can happen when works proceed without it, and the legal options available to an owners corporation. She also covers retrospective approvals, common property rights by-laws, insurance and maintenance responsibilities, and practical steps to prevent unauthorised works before they begin.

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Dealing with unapproved renovations in your strata scheme, or want stronger processes in place to prevent them? The team at Sachs Gerace Lawyers can help you understand your options.