Renovation Application: How To Apply In A Strata Scheme

Apply once for a renovation application correctly and then avoid the hassle of a rejected application due to a technicality.

What Type of Works?

The first consideration is the nature of the renovation works. From painting the walls to knocking out parts of the kitchen and bathroom, these works will be classified as either major or minor as set out in the Strata Management Schemes Act 2015 (NSW) (“Strata Act”).

Resolutions: Ordinary and Special

Broadly speaking there are two types of resolutions: general and special. A special resolution requires at least 75% approval at a general meeting. For example changes to the common property such as major renovation works like waterproofing or structural changes require a special resolution. Minor renovations such as renovating a kitchen or changing light fittings only require an ordinary resolution.

Draft By-law

Preparation of a by-law itemising the nature of the works is usually necessary. Although, in some cases such as minor renovations this may not be necessary. However, it is important to still check with the relevant Strata Scheme. Importantly, if the proposed works involve changes to the common property i.e., anything greater than a minor renovation, then the Strata Scheme will require a by-law pursuant to the Strata Act.

Renovation Application Motion

The next step is to prepare a motion, this is a formal term that refers to the item for the members of the Strata Plan to approve. In other words, a motion is a sentence that is worded such that one can answer either yes or no.

Adequate Notice

It is important that enough time is provided to the other members of the Strata Plan. The members will need to review the by-law and motion. It is important to check again with the relevant Strata Scheme as to how much notice is required. A good starting point is to provide at least two to three weeks’ notice.

Consolidation

Once the members approve the renovation application, the by-law then needs to be added to the Strata Scheme’s existing by-laws. Finally, the Land Registry Services have to register the by-law before the renovations work commence.