larney – welcome to Flatchat.

Most strata schemes have a By-law regarding renovations. Have you checked your By-laws to see whether a By-law already exists for renovations? Also, there should be a By-law regarding Noise and/or Nuisance, and Damage to Common Property.

Have you checked the Minutes of the General Meeting to see whether an approval has been given for the renovation?

If there is a Renovation By-law in place AND there has been no approval given for this renovation to proceed then your strata manager and executive committee will need to be notified immediately. Your scheme has a right to issue a Notice to Comply, or perhaps even request a stop to this renovation unless and until the correct approval process has been worked through.

A Notice to Comply looks like this: 

https://www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/About_us/Forms/Notice_to_comply.pdf

Many schemes also require that the Lot Owner, who is undertaking the renovation, sign an indemnity form against damage to common property and surrounding Lots. This is an additional safe guard.

See below for an explanation of the new legislation regarding renovations from the NSW Office of Fair Trading :

Streamlined approval for owner renovations 

Current laws make it very difficult for owners to make even minor renovations to their lot. Even inserting a picture hook requires the approval of the owners corporation.

Changes will establish a common sense approach to owner renovations to help improve day-to-day living in strata.

The following three-tiered approval process for owner-renovations will apply:

• for cosmetic changes (like installing a picture hook) the owner will not need to seek approval. (The by-laws can specify additional work which can be considered cosmetic)
• for minor renovations (such as installing timber floors), only general resolution approval is required. (50% of those entitled to vote)
• for renovations that change the external appearance of a lot or are likely to affect waterproofing or structural changes, special resolution approval will be needed before the work could begin. (75% of those entitled to vote).

See page 37 from the following link:

https://www.fairtrading.nsw.gov.au/pdfs/about_us/publications/ft045.pdf

Approvals for major changes done on a nod and a wink can cause horrendous problems for strata schemes down the track, mainly because in the absence of a by-law apportioning responsibility for future maintenance to the lot owner, it falls to the owners corp by default.

If there is major work being done without permission, seek an interim order from the tribunal to have it stopped until proper approval is sought and given.