Can a strata committee approve a bathroom renovation

Bathroom renovations, waterproofing and strata committee approval

Bathroom renovations involving the removal and replacement of tiles, new waterproofing and alterations to plumbing require particular attention under the Strata Schemes Management Act 2015 (NSW) (the Act), especially where the works affect common property.

Under section 110 of the Act, waterproofing is expressly excluded from the definition of minor renovations. Where works involve alterations to common property, section 108 generally requires approval by special resolution of the owners corporation at a general meeting.

The strata committee cannot approve these works on its own simply because it has authority to approve minor renovations. However, the position may differ where the scheme already has a registered by-law specifically authorising certain bathroom or waterproofing works, or providing for such works to be considered and approved by the strata committee.

What if the strata committee has already approved the renovation?

First, review the scheme’s registered by-laws.

Some strata schemes have a general bathroom renovation or waterproofing by-law establishing conditions under which owners may undertake these works. Such a by-law may authorise the strata committee to review and approve individual applications, provided the works fall within its scope.

However, even where a general renovation by-law exists, the owners corporation must ensure it satisfies the necessary approval and written consent requirements. Under section 108(5) of the Act, responsibility for ongoing maintenance of altered common property cannot simply be transferred to a lot owner without their written consent and an appropriate by-law. A further resolution and written consent may therefore be necessary to ensure the particular alterations are properly authorised, and the owner’s maintenance and indemnity obligations are appropriately documented.

Importantly, a general delegation to approve minor renovations does not extend to waterproofing works. If no applicable by-law or previous owners corporation authorisation exists, strata committee approval alone is not sufficient.

What are the potential consequences?

Where the required approval was not obtained, the renovation constitutes an unauthorised alteration to common property.

This does not automatically mean the bathroom must be demolished or reinstated, but potential consequences include:

• Retrospective approval: The owner may need to seek formal authorisation through a special resolution and potentially a new or amended by-law.
• Rectification or reinstatement: Disputes over unauthorised works may be referred to the NSW Civil and Administrative Tribunal (NCAT), which can make relevant orders depending on the circumstances.
• Liability for damage: Defective waterproofing or plumbing alterations causing damage to common property or neighbouring lots may expose the owner to repair costs or other claims.
• Ongoing maintenance responsibilities: Without a properly documented arrangement, disputes may arise over who is responsible for maintaining or repairing the altered waterproofing and plumbing.

This is one of the key benefits of having an appropriately drafted renovation by-law. Under section 108(5), a by-law supported by the lot owner’s written consent provides the necessary mechanism for transferring ongoing maintenance responsibility for the altered common property from the owners corporation to the lot owner. It can also establish appropriate indemnity obligations to protect the owners corporation.

Importantly, retrospective approval is not automatic. The owners corporation may need to consider the quality and compliance of the works, as well as future maintenance responsibilities, before granting approval.

What should happen next?

The owner should obtain the registered by-laws and written committee approval to establish whether the committee had the necessary authority.

If an existing bathroom renovation by-law applies, the owner should confirm that the works were covered and all conditions satisfied. The owners corporation should also verify that the lot owner has provided the necessary written consent, particularly where ongoing maintenance responsibilities are being transferred.

Otherwise, the owner should approach the strata managing agent and owners corporation about retrospective approval. Depending on the circumstances, this may require a special resolution and an appropriately drafted and registered by-law to establish the relevant maintenance and indemnity obligations.

Ultimately, the issue is not simply whether the strata committee approved the renovation, but whether it had the legal authority to do so. Checking the applicable by-laws, approval requirements, and written consent obligations is essential to avoid costly disputes and ensure waterproofing, plumbing alterations, and future maintenance responsibilities are properly addressed.