Question: Do owners need owners corporation approval to install a home gym in their apartment?
Answer: The owner should consider how the noise from the use of the equipment may affect the residents in the surrounding units.
The answer to this question is not easy without having more details about the home gym. If the gym is only a rowing machine and a stationary bike, for instance, then no approvals are required. However, the owner should consider how the noise from the use of the equipment may affect the residents in the surrounding units.
Without knowing the extent of the renovations required to install a home gym, we must consider the different categories of renovations as defined under the Strata Schemes Management Act 2015 (NSW):
- Cosmetic work – no approval required. (Section 109)
- Minor renovations – require approval from the owners corporation or strata committee. (Section 110)
- Major renovations – require a special resolution of the owners corporation and the registration of a bylaw on title. (Section 108)
Cosmetic work includes tasks such as painting, installing blinds, laying carpet or hanging picture hooks. It does not include structural alterations, changes to waterproofing or work involving common services.
Would a home gym be considered cosmetic, minor or major work?
Installing a home gym typically involves:
- Anchoring or securing equipment to walls, floors, or ceilings;
- Potential noise and vibration issues;
- Possible connection to common property services (e.g., additional power circuits);
- Structural considerations where mounting or modifications to fixtures are required.
These elements generally go beyond cosmetic work. While such an installation may not always constitute a major renovation, it will typically fall under the category of minor renovations. However, if structural changes or interference with waterproofing or common property are involved, it may be classified as a major renovation.
What Approvals Are Needed?
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a) Check your scheme’s bylaws first
Bylaws differ from scheme to scheme and may define what qualifies as a “minor renovation” or what restrictions apply (e.g. noise levels, hours of use) as well as delegating authority to the strata committee to approve minor renovations.
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b) Submit a detailed application
If the proposed installation is a minor renovation, a written application is required. This should typically include:
- Detailed plans or layout of the gym setup,
- Equipment specifications and mounting/anchoring details,
- Noise and vibration mitigation measures,
- Proof of licensed installer/insurer credentials,
- Possibly an engineering certification if attachments rely on the structure.
Approval may be granted by:
- The strata committee (if a bylaw delegates authority), or
- The owners corporation, at a general meeting by ordinary resolution (50%+ vote)
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c) If classified as major renovation
If any part of your installation affects structure, waterproof membranes, or common property, a major renovation assessment is needed. That requires:
- A special resolution (no more than 25% of the votes cast (based on unit entitlement) to be against the resolution) at a meeting of the owners corporation,
- A custom bylaw granting renovation rights, and
- Registration on title through Land Registry Services
Risks of Proceeding Without Approval
If an owner proceeds without obtaining the necessary approvals, the owners corporation may:
- Issue a notice to remove or rectify the unauthorised works,
- Recover costs from the lot owner for restoration or damages, and
- Pursue action through NCAT (NSW Civil and Administrative Tribunal).
This post appears in the September 2025 edition of The NSW Strata Magazine.
Jana Antelmann
Strata Life
E: jana@thestratalife.com.au
P: 02 9456 9917
QUESTION: Can lot owners be charged for strata meetings to approve minor renovations?
Answer: It is common practice for strata managing agents to charge a fee for arranging ad-hoc meetings.
Section 110 of the Strata Schemes Management Act 2015 (SSMA) requires that minor renovations be approved via a resolution. This resolution can be passed at a general meeting of the owners corporation or, if authorised by a by-law, by the strata committee. As such, it is correct to state that a meeting is generally required to approve minor renovations, and it is common practice for strata managing agents to charge a fee for arranging ad-hoc meetings.
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I beg your pardon. Hard not to rip in on this one so no apology for my tone.
“It is common practice for strata managing agents to charge a fee for arranging ad-hoc meetings.”
Oh please.
Where is the authority for the SM to, seemingly unilaterally, charge to do it?
Who are they charging, the OC or the owner?
And let’s cut to the chase – if approval is required then it is a function of the OC to grant or deny said approval and if to perform that function the OC needs to convene a meeting then where the hell do they get off charging an owner for the OC to perform one of its functions?
So sick of this user pay rubbish and the best answer we have here is that SM’s usually do it.
That might be what is purported as “usual” but justify SM’s (or OC’s) can do it and how it lends itself to collective living.
Let’s expand on this user pay idea that if a lot holder wants something then they pay for the meeting.
That can extrapolate to any motion on an agenda that is not a required motion by the Act that is submitted by some owner looking for approval something. Why do we not just pro rata charge the owner for the cost of the agenda preparation and mail out and might as well grab some cash from them for the cost to mail out the minutes with their outcome in it.
Thank you for sharing your thoughts. While I appreciate the passion behind your response, I’d encourage a more constructive tone in discussions like these, especially when addressing a topic that’s nuanced and relevant to many strata stakeholders.
To clarify, the practice of charging for meetings to approve owner requests, including renovations, arises from the relationship between the strata managing agent and the owners corporation. The agent’s agreement with the owners corporation typically includes provisions for fees associated with services outside standard management tasks—such as arranging ad-hoc meetings. These fees are billed to the owners corporation, which may choose to recover costs from the requesting owner, depending on the nature of the request and the scheme’s by-laws.
Importantly, the Strata Schemes Management Act 2015 does not impose an obligation on owners corporations to convene meetings whenever requested by an individual owner. Owners corporations have discretion in determining when and how meetings are convened, and it is reasonable to recover associated costs in cases where urgency or specific owner requests drive the need for additional meetings.
Your point about expanding this approach to other motions is noted, but it’s important to distinguish between standard governance responsibilities and non-standard requests. This practice ensures fairness by balancing administrative efficiency with individual requests’ impact on the collective.
we purchased a home unit 6 years ago and the bathroom waterproofing has failed with water leaking in the unit below ours. Our strata manager has indicated that we are to meet the cost of repairs as our bathroom was renovated without authority from the body corporate as no bylaws were found or registered. Has the bathroom floor is considered common property should the cost be to the body corporate?
Does replacing an existing air conditioner unit in lot require renovation approval from the owners?
Hi
Tim Sara from Strata Choice has responded to your comment within this article: NSW: Q&A Installing air conditioning in an apartment
Do we need to go through Fair Trading under the current NSW design & Practitioners legislation to waterproof a planter box on a unit balcony that is leaking?
Hi Jenny
The following response is from Bannermans Lawyers:
Very easy answer ‘Yes, if the works exceed $5,000’.
This article from Bannermans Lawyers might also assist: A Comprehensive Guide to the Design & Building Practitioners Act 2020 – Regulation Update
I believe that your newsletter should notify all unit owners that all builders contracted to undertake renovations to their unit, no matter how small the renovation, must have a class 2 certification with their valid builders license if their apartment is higher than 2 stories.
Failure to have a class 2 certificate may/will make all insurance claims null and void and builders contracting to do these renovations without having their licences upgraded to include a class 2 certificate could face a fine of up to $10,000 for an individual to $50,000 if a corporation.
Thanks Don
We’ve just published this article on the topic and will be conducting a Webinar on this a September. Keep an eye out in our newsletter for more details.
NSW: Renovations To Your Apartment And What The Design And Building Practitioners Act 2020 Means For You
Thanks
Nikki
I’m in a two lot strata scheme (two completely separated houses) in Sydney and have always got along well with our neighbour. However she is about to sell. We are worried that the new owners may want to knock the house down and replace it with something huge or do major renovations. What rights do we have? If there are only two lots in a strata scheme, what happens if one lot wants to make major changes and the other disagrees?
Is the “Common property memorandum” published by NSW Fair Trading at https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0009/369945/Common_Property_Memorandum.pdf still valid?
If I want to erect a new free-standing pergola in the courtyard of my lot that does not require consent or another approval under any other Act, and does not change the external appearance of my lot, will I need authorisation by a special resolution passed by the owners corporation under section 108?
If the proposed pergola does fall under section 108, and the special resolution specifies that the ongoing maintenance of the pergola is the responsibility of the lot owner, is there a need for a by-law, seeing pergolas are already listed under the “Lot owner responsibilities for maintenance, repair or replacement” section of the “Common property memorandum”?
Hi, I’m going back to the question concerning the owner of a villa, his question was in regards of whether or not the owners corporation needed to approve a sink and lighting in a entertaining area. Your answer was that owners corporation needed to put in a bylaw and that there also would be need to get council approval. I seem to not understand how the back yard of a villa becomes common area as it is part of all use from only the one family and also no other villa owners will or are using there back yard as common area and also is payed for as part of home inclusive with this parcel of land in there purchase contract. I would think that if it was a brick structure or timber structure added to the existing dwelling that you would need a council approval, but this is a cooker that you can move around or not attached to wall, this is not the driveway we are talking about that everyone uses, this doesn’t make sense.
Hi Frank
You mention details in your comment that are not included in the question above. When we respond to questions, we can only refer to the information that is provided to us and base the response on these details.
The information is not legal advice and is general in nature. You should seek advice for your specific situation.
Thanks
I’m a committee member for two strata bodies in NSW. Both have a Minor Renovations Bylaw. One strata manager says a majority vote of the SC can approve a Minor Reno applic via email votes. The other strata manager says a SC meeting must be held, ie, notice/agenda sent to all owners, SC meeting held, minutes distributed. Which is correct?
I’m on a strata committee for a block of 7 townhouses in Sydney built in the 1970s. A lot owner has submitted a ‘minor renovation’ application to tile over existing original laundry floor tiles. Is this instead a ‘major renovation’ ? The 50 year old waterproof membranes in many of the townhouses has deteriorated and the OC has had to repair these. I am concerned that simply tiling over the existing tiles will not prevent further deterioration of the old waterproof membrane, and the OC will still be responsible for any future water leak repairs.
I note a post in Strata News #460 says “tiles are hard surface flooring and therefore considered a minor renovation”. But a post in #295 re tiling over existing tiles says “it seems unlikely the works could be carried out without any impact on the existing waterproofing…”.
Are you able to clarify? Thanks.
Hi Sharon
Regarding the practice of laying tiles over tiles, this article should assist: Can we retile over existing tiles on a balcony? Our downstairs neighbour is concerned about the possible noise implications.
Regarding whether the work is minor work, this article clarifies: What are the New Works By-laws?
“Bathroom renovation with no change to waterproofing, (eg just changing vanity and shower screen)
Ordinary resolution only. Special res and by-law needed if change to waterproofing.”
I need to change kitchen’s Benchtop. What is the process in order to get it approved?
Our balcony was retitled 11 years ago by the previous owner (allegedly without approval) unbeknownst to us and our OC have now insisted we do a bylaw to say we are responsible for all works before they will consider a bylaw we have submitted for our renovations. Can they do this? W3 have advised we can’t guarantee works on common property that we never did and are happy for them to bring this back to the original state and will give access whenever they require. They have responded saying we have to pay the costs if we choose to do this?
Hi,
I am wanting to do the following renovations, which works will generally require strata approval?
1) Replacing kitchen cupboards, sink and benchtops only (yes/no)
2) Move freestanding gas oven and cooktop to an adjacent position – no change to gas outlets etc as pipes already in place (yes/no)
3) Replace bathroom vanity and shower screen (yes/no)
4) Re-grout over existing bathroom tiles. The grout has worn off a bit so its more of a top up over existing grout (yes/no)
The purpose is to start work on areas that don’t require approval first until approval can be gained by strata and then commence on the other works. If none require approval, then all work to complete straight away.
Thanks
We live in a Strata complex of five joined townhouses. One of the owners is renovating two bathrooms. The appropriate application and by-law was approved by a special resolution at the AGM in February.
Work is now underway on the renovation – however it is apparent that the owners concerned are doing a far bigger renovation than described in the application – specifically, changing the location of walls and plumbing to incorporate a walk-in wardrobe etc. These owners have also broken agreements about hours and days of work (noisy work has occurred after the hours agreed and on weekends). The application stated that as the renovation would cost less than $20,000 they did not need to have any insurance cover or formal certification for waterproofing etc. We have not seen any evidence of Contractor licenses or qualifications.
Our Strata Manager says we cannot object unless the Owners Committee agrees to notifying the breach and asking for remedies. With only five units and close proximity, not all owners are prepared to speak out as they don’t want relationships to deteriorate, as the Owners doing the renovation have previously bullied and been obstructive in relation to other owners.
This leaves the Owners Corporation open to risks in terms of potential damage to common property and lack of appropriate insurance or warranties in relation to the work.
What recourse do we have and how important is it to have accurate and transparent disclosure for these renovations? The renovating owners lied on their application,
The draft by-law is generic and should cover the OC for defects – but does this establish a precedent for owners to be less than transparent with future renovations?
Hi Alison
The following response has been provided by David Bannerman, Bannermans Lawyers:
The owners corporation and/or individual owners can take action for breach of by-laws, Enforcement of By-Laws
As to the terms of the by-law regarding liability for damage, that depends on how it was drafted.
What are the WA Strata Company Requirements When Renovating Your Apartment?
Does these issues and resolutions apply to Queensland? I live in a duplex and the other owner removed walls and ceilings throughout without any notice. Not only the noise was a major issue but not knowing what was being done. I do not know if there is any council approval. I wrote to him my concerns and his reply was yo be reasonable.
Hi judi06
Legislation does differ state to state. These QLD articles should assist:
QLD: What are the Body Corporate Requirements When Renovating Your Apartment
QLD: Q&A Renovations, Altering Common Property and Changing the Appearance of the Lot
The boundary of the strata lot is the surface of the tiles as they existed when the Strata Plan was registered. Everything beneath that point (tiles, waterproofing, slab, etc) is Common Property and it requires a Special Resolution to carry out any work on Common Property.
It is essential that water proofing be done expertly and, if not carried out by the Strata Corporation, that responsibility be set out in a By-law passed by Special Resolution.
What is the process of rejecting an application to install tiles in an apartment, there is currently no by-law restricting floor coverings. My major concern is the noise factor. The apartment currently has floating wooden floors.
Hi Marie
This article on hard flooring in strata by Allison Benson, Kerin Benson Lawyers should assist you.
Nikki
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