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Home » Noise » Noise & Neighbours NSW » NSW: Can strata by laws restrict converting units into additional bedrooms in NSW

NSW: Can strata by laws restrict converting units into additional bedrooms in NSW

Published April 20, 2026 By Pierrette Khoury Leave a Comment Last Updated April 20, 2026

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Question: Can a strata bylaw be written stating that owners cannot convert unit space into an additional bedroom?

Can a strata bylaw be written stating that owners cannot convert unit space into an additional bedroom?

I believe strata can order unauthorised conversions to be reversed but surely it would be best to be proactive and clearly state that conversions cannot be approved?

There are several reasons why conversions are detrimental to residents and owners. In my Owners Corporation, I’m concerned about the maximum occupancy regulations in NSW as we already have overcrowding issues and potential risks. 

Answer: A by-law must not be harsh, unconscionable or oppressive.

The By Laws need to be in keeping with the model By-Laws. This is to ensure it does not become subject to challenge by a lot owner in accordance with section 139 of the Strata Schemes Management Act 2015. This section provides that a By-law cannot be unjust A by-law must not be harsh, unconscionable or oppressive.

Perhaps a By-Law that ensures any such works are subject to council development application approval and approval by the Owners Corporation in circumstances where it is going to change the appearance of the lot.

Pierrette Khoury
Khoury Lawyers
E: pierrette@khourylawyers.com.au
P: 0415 459 486

This post appears in Strata News #479.

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About Pierrette Khoury

Pierrette Khoury was admitted in 2006 and has extensive experience in strata, building and construction and commercial litigation.

Pierrette is client focused, results and outcome driven. Pierrette successfully resolves disputes and should a matter not be capable of resolution will successfully advocate on your behalf in the Tribunal or Court.

Pierrette has extensive experience in contract drafting and review including AS 4000, Master Builders, NSW Fair Trading and Housing Industry Association contracts.

Pierrette appears in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court for hearings, interlocutory applications and Appeals.

Pierrette applies strategic decision making to matters and narrows the issues in dispute. Pierrette has successfully litigated matters at the interlocutory and hearing stages.

Pierrette resolves matters on behalf of clients through effective dispute resolution mechanisms through negotiation, attending Mediations and attending informal settlement conferences.

Strata advice and litigation services

The services include strata advice, general strata advice regarding strata management agency agreements, strata by law advice, by-law drafting, consolidation and registration, strata dispute advice, breach of strata by-laws and enforcement, insurance claims, levy recovery advice and enforcement. This also incluees high level litigation services including building defect disputes and appeals, home warranty insurance claims and general insurance claims including appeals.

Legal involvement and representation of strata disputes including litigation involving breach of by-laws and breaches of the Strata Schemes Management Act and Regulations.

Appearance and representation in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court.

Key highlights:

- Strata advice, by law advice, disputes including levy recovery;
- Large scale building defect claims, disputes and appeals;
- Home warranty insurance claims and general insurance claims;
- Acting on behalf of a number of Owners Corporations in relation to large defect claims including claims under the Design and Building Practitioners Act 2020. Successfully resolving large scale defect claims;
- Acting for home owners in excess of $1million build and advising on contractual rights, variation disputes, project disputes and successfully resolving;
- Advising home owners and Owners Corporations on rights under the Home Building Act 1989 and Design and Building Practitioners Act 2020;
- Acting on behalf of a number of Owners Corporations in relation to lot owners’ breaches of by-laws and enforcement in the NSW Civil and Administrative Tribunal;
- Advising on retaining wall and fence matters and mitigation.

Qualifications
- 2005 Bachelor of Laws (Macquarie University)
- Bachelor of Commerce (Professional Accounting) (Macquarie University)
- 2006 Graduate Diploma in Legal Practice (College of Law)
- 2011 Graduate Certificate in Legal Practice Management

Memberships
- Law society of NSW
- Marrickville Chamber of Commerce
- Marrickville Business Association
- Strata Community Association of NSW

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