You own a flat in Sydney and want to rip out the old bathroom. That sounds straightforward. Under NSW strata law, the moment you touch the waterproofing membrane behind the tiles, your renovation automatically becomes a major renovation — the highest approval category — regardless of whether the job costs $500 or $50,000. The category depends on the nature of the work, not the price tag. And the consequences of guessing wrong can run to six figures.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
Apartment renovation rules in Australia vary by state, but NSW provides the clearest framework. The Strata Schemes Management Act 2015 divides all renovation work into three categories — cosmetic, minor, and major. Each comes with a different approval pathway. Get the category wrong, especially on common property or waterproofing, and you could be forced to tear out finished work at your own cost. Here’s what you actually need to know.
Throughout this guide, you will come across the term common property. It is the single most important concept in strata renovation.
What I tend to notice is that owners focus on the room layout and finishes first, then try to fit the approval process around their design. The smarter sequence is the reverse: check the strata plan and by-laws, classify the work, then design within those constraints.
What the Full Cost Picture Looks Like for a Strata Renovation
The purchase price of your apartment is not the only number that matters. A renovation that runs into approval trouble can cost more than the renovation itself. The most expensive mistake in strata renovation is unapproved waterproofing work. If the membrane fails and water seeps into the concrete slab or a neighbour’s lot, the renovating owner carries personal liability. NCAT regularly orders payments of $50,000 to $200,000 or more for water damage, and owners are ordered to restore the original waterproofing at their own expense — meaning they strip out the finished bathroom and start again.
Beyond the liability risk, there are the approval costs themselves. A major renovation requires a special resolution at a general meeting, which means preparing detailed plans, engineering reports, and sometimes acoustic testing. You may need a common property rights by-law, which must be registered with NSW Land Registry Services. Legal fees for drafting a by-law typically add several hundred dollars. If the strata committee rejects the application, you can escalate to the NSW Civil and Administrative Tribunal, which adds tribunal filing fees and legal representation costs.
There is also the insurance dimension. For residential building work over $20,000, the licensed builder must provide Home Building Compensation Fund (HBCF) insurance, which covers 6 years for structural defects and 2 years for non-structural defects. If the work is not approved, the insurance may be void, leaving you exposed. The table below shows how the three categories compare across cost, approval, and risk.
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| Category | Approval needed | Vote threshold | Typical risk |
|---|---|---|---|
| Cosmetic | Written notice only | None | Low |
| Minor | Strata committee approval | 50% of committee votes | Medium |
| Major | Special resolution at general meeting | 75% support, ≤25% opposition | High — personal liability for water damage |
Three Mistakes That Turn a Renovation Into a Legal Problem
Classifying the work by cost instead of by nature
A $500 fix that involves drilling into the waterproofing membrane is a major renovation. A $50,000 kitchen refit that stays within your lot boundary and does not touch structure, plumbing, or common property may be minor. The research is clear: the category depends on the nature of the work, not the dollar amount. The most common error I see is owners assuming a small job means a small approval pathway. If you are unsure, treat it as the higher category. The cost of overcategorising is a few extra weeks of paperwork. The cost of undercategorising is a forced restoration order.
Relying on verbal approval from the strata committee
A verbal nod from the committee chair is not approval. The Strata Schemes Management Act requires written resolution. For minor renovations, the committee must provide a written response within a defined timeframe — if they do not respond, approval is deemed automatic. But deemed approval is still approval in writing, not a verbal conversation. For major renovations, you need a common property rights by-law passed by special resolution and registered with NSW Land Registry Services. Verbal consent is worth nothing when the waterproofing fails and the insurer asks for your approval documentation.
Not checking the strata plan before designing the renovation
Your lot boundary follows the inner surface of walls, floors, and ceilings. The wall structure — including the waterproofing membrane behind your bathroom tiles — is common property. So is the balcony, the external wall, the shared plumbing riser, and the electrical wiring that feeds your apartment. If your renovation plan touches any of these, you need a different approval pathway than you might expect. The most financially consequential version of this mistake is the bathroom renovation that breaks the waterproofing membrane. Waterproofing membranes are common property, and disturbing them requires a special resolution. If the membrane fails and damages the lot below, you are personally liable for the repair of both lots.
How to Get Renovation Approval: The Full Process in Order
This section walks through the steps you need to follow, from checking your strata plan to complying with approval conditions. The sequence matters — skipping a step can send you back to the start.
Check the strata plan and by-laws before you design anything
Your first move is not to call a designer. It is to get a copy of the strata plan from NSW Land Registry Services and read the scheme-specific by-laws. The strata plan shows the lot boundaries — exactly where your property ends and common property begins. The by-laws may contain specific restrictions on flooring, noise, working hours, or acoustic ratings. If you live in a two-lot scheme, both owners must agree for a special resolution to pass, which raises the bar for major renovations. Checking these documents before you spend money on plans and materials saves you from designing something that cannot be approved.
Classify the work correctly and prepare the application
Once you know the boundaries and by-laws, classify the work into one of the three categories. Cosmetic work requires only written notice to the strata committee. Minor renovations require a formal application with scope of work, plans, contractor licence details, insurance certificates, and a timeline. Major renovations require the same documentation plus engineering reports, waterproofing details, and a proposed common property rights by-law. The application should also include the start date, working hours, noisy-work windows, waste removal method, and how you will protect common areas like lifts and hallways. If you are a tenant, you need landlord permission first, and the landlord must then follow the strata approval process.
Submit to the right body and wait for the response
Minor renovation applications go to the strata committee. The committee has a defined timeframe to respond — if they do not respond within that period, approval is deemed automatic. If they reject the application, you can escalate to a general meeting or apply to NCAT. Major renovation applications must go to a general meeting of the owners corporation. The motion requires a special resolution: 75% support and no more than 25% opposition. If the motion fails, you can amend the proposal and try again. For accessibility-related major renovations, the threshold is lower — 50% support — but in two-lot schemes, it remains 100%.
Obtain written approval, then comply with all conditions
Never start work until you have written approval in hand. For major renovations involving common property, the approval will include a by-law that must be registered with NSW Land Registry Services. The by-law must specify the work authorised, who is responsible for maintenance and repair costs, what happens on sale, and any removal obligations. The strata committee may attach conditions — licensed contractors only, acoustic testing, restricted working hours, or a requirement to provide compliance certificates after completion. For electrical work, you need a Certificate of Compliance (CCEW). For plumbing, you need a Notice of Work with Sydney Water. Waterproofing must follow Australian Standard AS 3740–2021 with written certification.
Emerging regulation: leasehold reform and pending changes
NSW strata law is under periodic review. The NSW Government has been consulting on reforms to the Strata Schemes Management Act, including potential changes to the thresholds for special resolutions, the definition of common property for waterproofing, and the process for by-law registration. These changes are not yet law, but they signal a direction of travel. If you are planning a renovation that will take more than 12 months to complete, check whether proposed reforms have been enacted. The NSW Planning Portal is the central source for development consent and complying development certificate information.
Frequently Asked Questions
Can I paint my apartment walls without strata approval? ▾
What happens if I renovate without approval and get caught? ▾
Does the $20,000 HBCF insurance threshold apply to my renovation? ▾
What is the difference between a by-law and a resolution? ▾
Can I install hard flooring in my apartment? ▾
What if I live in a two-lot scheme — do the rules change? ▾
What to Watch for in the Next Regulation Cycle
The trend in NSW strata regulation is toward tighter controls on waterproofing and common property work, not looser ones. If you are buying an apartment with renovation plans, check the renovation history of the building — review previous approvals, outstanding disputes, and NCAT orders. Unapproved work by a previous owner can become your liability. If you are a landlord, remember that your tenant needs your permission before renovating, and you must follow the strata approval process. The JustAnswer Real Estate Law service can help clarify specific boundary or compliance questions, but for your own situation, speak to a qualified conveyancer or strata lawyer.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Understanding Joint Tenancy Rules for Renting an Apartment.
Sources and Further Reading
Apartment Hacks: Maximise Your Space and Budget in Australia — Practical tips for making the most of your apartment, whether you are renovating or renting.
Top Reasons for Lease Deposit Deductions in Australia — Understand what landlords can deduct from your bond and how to protect your deposit.
Strata Checks (2025). Strata Renovation Rules in NSW: What You Can and Cannot Change. 🔗
Ultra Renovations (2025). Apartment Renovation Approvals and Strata Rules in Sydney. 🔗
Coleman Greig (2025). How to Get Approval to Renovate Your Apartment. 🔗
Artistic Bathroom & Kitchen Renovations (2025). Strata Renovation Rules in Sydney: Bathroom, Kitchen, Laundry Guide. 🔗
