If a lot owner starts any non-cosmetic work to common property before the appropriate approval is obtained (see FAQ 1), they will be considered ‘unauthorised works’ and technically comprise damage to the common property that the owners corporation has a strict legislative duty to rectify.

To satisfy their obligations, the owners corporation can apply to NCAT for orders requesting that the lot owner reinstate the common property or otherwise pay the owners corporation for the cost of rectifying the damage and any associated costs, such as insurance and legal costs.

The owners corporation can also seek interim orders from NCAT to stop a lot owner from carrying out unauthorised works to common property. Please see our article on interim orders here.

Additionally, an owners corporation may engage the local council to stop the carrying out of unauthorised works and/or have the works removed. In taking such steps, an owners corporation should be cautious of any possible consequences to the engagement – e.g. council’s investigations may lead to an expensive compliance order for the scheme, such as a fire safety upgrade order.

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