Committee Approval vs Council Approval: What NSW Strata Owners Need to Know Before Renovating

A question that has been appearing more frequently in strata forums describes a familiar situation: an owner with committee sign-off in hand, a private certifier advising that most of the scope qualifies as complying development, and lingering uncertainty about whether the council still needs to be involved somewhere.

The uncertainty is understandable. Renovating a strata apartment in NSW involves two separate approval systems that run in parallel and are administered by entirely different bodies. Both can apply to the same project at the same time. Knowing which is which, and when each applies, is the practical starting point before any work begins.

Two Separate Approval Systems

The strata approval covers whether your owners corporation consents to the works. It is governed by the Strata Schemes Management Act 2015 (SSMA 2015). It exists because some works affect common property, which is jointly owned by all owners in the scheme.

The planning approval covers whether the works comply with land use and building standards. It is governed by the Environmental Planning and Assessment Act 1979 and associated NSW state planning policies. Planning approval is administered either by a private building certifier, who can issue a Complying Development Certificate, or by the local council, which assesses a full Development Application.

These are parallel systems. Planning approval does not substitute for owners corporation consent. Owners corporation consent does not substitute for planning approval. A project that needs both must obtain both.

The Strata Approval Tier

Under the SSMA 2015, works are divided into three categories, each with different approval requirements.

Cosmetic work (section 109) does not need owners corporation approval. This covers changes that do not affect the structure of the building, do not touch common property, and do not require waterproofing. Painting internal walls, installing picture hooks and nails, laying carpet over existing surfaces, and filling minor cracks in walls are typical examples.

Minor renovations (section 110) require owners corporation approval. By default, this means a resolution passed at a general meeting of the owners corporation. However, the owners corporation can pass a by-law delegating the power to approve minor renovations to the strata committee, which removes the need for a general meeting on each request.

Examples of minor renovations listed in the Act include kitchen renovations such as installing or removing cupboards, changes to internal (non-structural) walls, and changes to recessed light fittings. The owners corporation must keep a record of any minor renovation approval for 10 years.

Works that add to or alter common property (section 108) require a special resolution at a general meeting, meaning no more than 25 per cent of the value of votes cast can be against the motion. They typically also require a by-law to be registered against the lot, documenting the change and assigning maintenance responsibility. This category includes structural changes, works that require waterproofing, alterations to the external appearance of the building, and any other addition or alteration to common property.

The Planning Approval Tier

Separately from the strata approval question, NSW planning law provides three pathways for residential renovation works.

Exempt development requires no planning approval at all. Minor internal works that do not affect the structure, external appearance, or building services often qualify. The standards are set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Complying development is a streamlined pathway that bypasses the council DA process. A private certifier assesses whether the works meet predetermined development standards and can issue a Complying Development Certificate directly.

The CDC combines planning and construction approval in a single document. For internal strata renovations that do not affect external appearance or structural elements, this is often the applicable pathway.

Development Applications (DAs) are required for works that do not qualify as exempt or complying development. The local council assesses the DA against the local environmental plan and development control plan for the area. DAs take longer and involve more documentation, but they are the correct pathway for works that fall outside the complying development framework.

When You Need Both

For most strata renovations, both the strata approval question and the planning question need to be addressed.

A kitchen renovation involving new cupboards and benchtops, with no structural or waterproofing impact, is a minor renovation under section 110, which requires owners corporation approval. On the planning side, it may qualify as exempt development, meaning no planning approval is needed. Strata approval required; planning approval may not be.

A bathroom renovation involving re-tiling and replacing the waterproofing membrane is a works-to-common-property situation under section 108, requiring a special resolution. On the planning side, waterproofing works typically require at least a CDC. Both approval systems are engaged, and both need to be obtained before the work starts.

Removing an internal wall is determined by whether the wall is structural or not. A non-structural partition is likely a minor renovation under section 110 and may be exempt development on the planning side. A load-bearing or structural wall involves common property (the structural fabric of the building), requires a special resolution, and requires a building certifier to confirm structural integrity before and after the works.

Waterproofing Specifically

Works that require a new waterproofing membrane are expressly excluded from the minor renovation category under section 110. They are treated as works affecting common property under section 108, which means a special resolution is required, not just a committee resolution or ordinary motion at a general meeting.

On the planning side, waterproofing works require a building approval, either a CDC or a DA depending on the full scope. A waterproofing certificate from a licensed waterproofer is required on completion of the works.

External Changes and Heritage

Changes that alter the external appearance of the building are the works most likely to require a full DA rather than a CDC. The complying development standards under the Codes SEPP impose tight restrictions on external alterations to apartment buildings. Converting an external window to a door, for example, changes the size and nature of an opening and is unlikely to qualify as complying development. A private certifier or council can advise on whether the specific conversion meets the applicable standards.

Heritage is a separate variable. If the building is in a heritage conservation area or is heritage listed, complying development is generally not available for any external work. Any external changes require a DA from the local council, regardless of scope.

This is worth checking at the outset. Your local council's planning portal will show whether the property is in a heritage conservation area.

Practical Steps Before Starting

What we are seeing in forum discussions is that owners often know they need strata approval but treat it as the only gate. The planning approval question is separate and runs on a different timeline.

A more reliable sequence:

First, identify what category the works fall into under the SSMA 2015. If the works require a special resolution under section 108, the general meeting timeline needs to be built into the project schedule. Calling a general meeting can take weeks.

Second, check the planning pathway with a private certifier or planning consultant before committing to a start date. Ask directly whether the works qualify as exempt, complying, or require a DA, and confirm whether heritage overlays apply to the property.

Third, confirm that owners corporation consent is documented before works begin. Both systems typically need to be satisfied before a certifier will issue a construction certificate or sign off on completion.

The approvals are not sequential in a fixed order, but they do need to be completed. The strata approval timeline can sometimes be the longer of the two, particularly if a special resolution and by-law are required.

Other states have equivalent frameworks with different legislation. Victoria's strata approval process is governed by the Owners Corporations Act 2006, and planning approval by the Planning and Environment Act 1987. Queensland operates under the Body Corporate and Community Management Act 1997 and the Planning Act 2016. Western Australia has the Strata Titles Act 1985.

The specific approval categories, thresholds, and processes differ materially between states. If you are outside NSW, check the legislation applicable in your state.

This is informational only. Not financial, legal, or compliance advice. The rules described apply to NSW strata schemes under the Strata Schemes Management Act 2015 and NSW planning legislation. The specific approvals required for any renovation depend on the scope of works, the building's heritage status, the scheme's by-laws, and the local planning controls in place. Consult your strata manager, a qualified strata lawyer, and a registered building certifier for advice specific to your project.