Last Updated on 13/11/2025 by Damin Murdock
If you live in a strata scheme or help manage one, understanding the approval process for altering common property or granting exclusive use rights is essential. Under New South Wales strata laws, different levels of consent are required depending on the nature of the works or the type of rights being created.
This article explains the approval requirements under the Strata Schemes Management Act 2015 (NSW) (the Act) for making alterations to common property or granting exclusive use rights, and what both lot owners and owners corporations should know.
Altering Common Property
Not all property works are treated equally under the legislation. The type and scale of renovation determine the level of strata approval required. These works can be categorised as cosmetic work; minor renovations; major renovations; and emergency works.
Cosmetic work generally does not require any approval where those works are minor internal works to your property and do not require any structural change or the common property. Examples include painting walls, hanging artwork, installing shelving, or laying carpet. The only caveat is that cosmetic work must not alter the external appearance of a lot.
Minor renovations require an ordinary resolution passed at a general meeting, meaning more than 50 percent of votes must be in favour. Examples include non-structural kitchen or bathroom upgrades, replacing flooring, or installing non-invasive air conditioning systems.
Major renovations or structural alterations require a special resolution passed with at least 75 percent of votes in favour. Examples include removing structural walls, installing external awnings or balconies, or undertaking major waterproofing or drainage works.
Emergency work can proceed without prior approval if immediate action is required to protect safety or prevent damage. Examples include urgent roof repairs during a storm or repairing burst pipes that are causing flooding.
Granting Exclusive Use of Common Property
In certain circumstances, a lot owner may wish to convert common property into private property. Exclusive use rights allow a specific lot owner to have private access to an area of common property, such as a courtyard, car space, or storage area. These rights can only be granted through a formal legal process.
Exclusive use of common property requires a special resolution passed at a general meeting and the creation and registration of a common property rights by-law. The by-law must clearly define the area being granted for exclusive use; identify which lot the right applies to; and include any conditions such as maintenance, repair, or access obligations. The lot owner must consent in writing to the by-law before it takes effect. Once registered, the by-law cannot be amended or repealed without that owner’s written consent.
Tribunal Intervention
If an owners corporation unreasonably refuses to approve a renovation or exclusive use request, the matter may be referred to the NSW Civil and Administrative Tribunal (NCAT). NCAT will consider:
- The interests of all lot owners in using common property
- Existing by-laws and the reasonable expectations of owners
- Whether the refusal was justified based on the potential impact of the proposed change
NCAT has the authority to approve a by-law or order the owners corporation to do so if the refusal is found to be unreasonable.
Limitations to Altering or Exclusive Rights
By-laws granting exclusive use rights or approving major works often include ongoing obligations for the benefiting lot owner. These may include regular maintenance of the exclusive use area; payment of costs associated with upkeep and repairs; and compliance with conditions imposed by the owners corporation.
Conclusion
Under New South Wales strata law, the level of approval required for alterations to common property or exclusive use rights depends on the scope and nature of the work. Cosmetic improvements typically proceed without approval, while minor and major renovations require ordinary or special resolutions.
Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
