NSW: Is it a minor or major renovation in strata?

This article discusses how to determine whether works are a minor or major renovation in strata and explains how the SSMA defines minor renovations.

How do we know if an alteration is a minor or a major renovation?

How do we determine if an alteration falls within the minor or major renovation category?

We have had a request from a lot owner to move their hot water system onto the balcony so they can replace it with a larger unit. It will involve drilling holes into the external wall and re-configuring plumbing.

Refer to these sections of the act.

Minor renovations are defined in S110 of the SSMA and S28 of the SSMA Regulations.

I don’t believe that work proposed is minor in nature as it involves external common property walls and maintaining a HW tank permanently outside on the balcony.

STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 110

Minor renovations by owners

1. The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.
2. The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.
3. “Minor renovations” include but are not limited to work for the purposes of the following–
   
   1. renovating a kitchen,
   2. changing recessed light fittings,
   3. installing or replacing wood or other hard floors,
   4. installing or replacing wiring or cabling or power or access points,
   5. work involving reconfiguring walls,
   6. any other work prescribed by the regulations for the purposes of this subsection.
4. Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following–
   
   1. details of the work, including copies of any plans,
   2. duration and times of the work,
   3. details of the persons carrying out the work, including qualifications to carry out the work,
   4. arrangements to manage any resulting rubbish or debris.
5. An owner of a lot must ensure that–
   
   1. any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
   2. the minor renovations and any repairs are carried out in a competent and proper manner.
6. The by-laws of a strata scheme may provide for the following–
   

   1. additional work that is to be a minor renovation for the purposes of this section,
   2. permitting the owners corporation to delegate its functions under this section to the strata committee.
7. This section does not apply to the following work–
   
   1. work that consists of cosmetic work for the purposes of section 109,
   2. work involving structural changes,
   3. work that changes the external appearance of a lot, including the installation of an external access ramp,
   4. work involving waterproofing,
   5. work for which consent or another approval is required under any other Act,
   6. work that is authorised by a by-law made under this Part or a common property rights by-law,
   7. any other work prescribed by the regulations for the purposes of this subsection.
8. Section 108 does not apply to minor renovations carried out in accordance with this section.

28 Minor renovations by owners

Work for the following purposes is prescribed as minor renovations for the purposes of section 110(3) of the Act–

1. removing carpet or other soft floor coverings to expose underlying wooden or other hard floors,
2. installing a rainwater tank,
3. installing a clothesline,
4. installing a reverse cycle split system air conditioner,
5. installing double or triple glazed windows,
6. installing a heat pump,
7. installing ceiling insulation.

This post appears in Strata News #588.

Andrew Terrell
Bright & Duggan
E: Andrew.Terrell@bright-duggan.com.au
P: 02 9902 7100