NSW: Can the strata committee approve minor renovations?

Question: Are there any circumstances where minor renovations can be approved by the strata committee rather than the owners corporation?

After watching the excellent presentation about renovations you did for LookUpStrata about renovations, I have a few questions.

1. For minor renovations (as per Section 110 of Strata Schemes Management Act 2015), are there any circumstances where approval can be granted by the strata committee rather than by ordinary resolution of a GM of the owners corporation?
2. Is a by-law always required for a minor renovation? Are the minutes of the meeting, stating that approval was granted, enough?

Answer: A strata committee can approve minor renovations in some circumstances.

1. A strata committee can approve minor renovations in some circumstances. An owners corporation must delegate the power to approve a minor renovation under s110 to the strata committee and to have that delegation of power recorded in a by-law. The strata committee must then comply with the terms of the delegation of power.
2. A by-law setting out the delegated power to the strata committee is required. A by-law to approve the minor works is not required. However, if you rely on the meeting minutes, be aware that meeting books get lost and may not be available in future, whereas a by-law will be registered on title of the common property and will stay on title until repealed. For this reason, a by-law will provide details on the work that was authorised which gives clarity when there are disputes about who is responsible for work down the line.

This post appears in the March 2025 edition of The NSW Strata Magazine.

Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990