As a starting point, you will need to consider obtaining approval from the owners corporation for your strata scheme if your planned works would affect common property. FAQ 2 provides an overview as to what forms common property.

Under the Strata Schemes Management Act 2015 (SSMA) and the Strata Schemes Management Regulation 2016 (SSMR), works affecting common property are separated into the following classifications, each with their own approval requirements:

1. Cosmetic works (section 109 of the SSMA)

No approval required. Cosmetic works are trivial internal works to common property. FAQ 3 provides further information on cosmetic works.

2. Minor Renovations (section 110 of the SSMA and clause 28 of the SSMR)

Requires approval through ordinary resolution at a general meeting OR from the strata committee _1.

FAQ 4 provides further information on minor renovations.

(_¹ only if the owners corporation has delegated that function to the strata committee through a by-law).

3. Major Works (sections 108 and 143 of the SSMA)

Requires approval through special resolution at a general meeting AND a renovation by-law ₂.

Major Works are all those which do not comprise, or are excluded from being cosmetic works or minor
renovations. FAQ 5 provides further information on renovation by-laws.

(² only if the ongoing maintenance of the common property subject of the works will be the responsibility of the lot owner)

Your planned works may also require statutory approval such as development consent / a complying
development certificate or community association approval, consent from the original architect or building management committee approval.

Please refer to our article for details about works of each category and approvals here.

How can we help?

Services which the Bannermans By-Law Team provides to owners corporations and owners:

• Review existing by-laws, following which the team can:
  • advise on the validity and suitability of current by-laws.
  • suggest new by-laws for the scheme’s circumstances (if applicable).
  • re-organise, index and digitise a scheme’s by-laws.
• Draft by-laws (including the associated motion and consent form).
• Attend to consolidation and lodgment of by-laws for registration with NSW LRS.

Services which the Bannermans Strata Dispute Team provides to owners corporations and owners:

• Provide advice.
• Represent you at meetings.
• Represent you at mediation, NCAT and appellate courts.

For more information on by-laws or any legal enquiries, please contact Bannermans Lawyers at 02 9929 0226 or at enquiries@bannermans.com.au.

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

Prepared by Bannermans Lawyers

15 January 2026