This article discusses whether an owner can begin renovations after a by-law is passed but before it is registered with NSW Land Registry Services.
Question: Can an owner start renovations after a by-law is passed but before it is registered with the Land Registry Services?
After the relevant renovation by-law is passed by special resolution at a general meeting, can an owner begin renovations before the by-law is registered with the Land Registry Services (LRS)? The owner has been advised that work can start if they agree to take responsibility for any associated costs. Is this correct?
Answer: An owner’s informal promise to “be responsible for costs” cannot replace the statutory requirement.
No. An owner must wait until the by-law is registered with NSW Land Registry Services before commencing any works.
The Strata Schemes Management Act 2015 (NSW) is explicit. Section 141(2) provides that:
“The change to the by-laws has no effect until—
- the owners corporation lodges a notification with the Registrar-General… and
- the Registrar-General makes the appropriate recording in the folio for the common property.”
Until the by-law is recorded on the common property title, it is simply not operative. This means it cannot authorise works, impose conditions, or shift responsibility for maintenance and repair.
This is critical because most renovation by-laws deal with alterations to common property. Section 111 of the Act prohibits an owner from carrying out work on common property unless authorised under the Act or by a by-law that is in effect. Where a by-law allocates ongoing responsibility for maintenance to the lot owner (as renovation by-laws typically do), section 108(5) confirms that such approval has no effect unless the by-law is actually made — and by force of section 141(2), that occurs only upon registration.
An owner’s informal promise to “be responsible for costs” cannot replace the statutory requirement. The scheme requires the by-law to be registered so that all obligations — including indemnities, insurance, access conditions, rectification requirements, and ongoing maintenance duties — are enforceable against both the current and future owners of the lot.
The only exceptions are cosmetic works (section 109) and minor renovations properly approved under section 110, which do not require a by-law. However, where a renovation by-law is required, the position is clear: until registered, the by-law has no effect and no work should commence.
Practical tip: Always wait for confirmation that the by-law has been recorded from NSW Land Registry Services before starting any renovations. Acting prematurely risks breaching the Act, invalidating insurance protections, and exposing both the owner and the owners corporation to liability.
Tim Sara
Sara Strata
E: tim@sarastrata.com.au
P: 04 8500 7960
This post appears in the November 2025 edition of The NSW Strata Magazine.
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