3 March 2025 / Matt Blewitt
Strata works without approval – what happens next?
Strata renovations seem straightforward until unexpected legal and financial roadblocks turn them into a costly headache. Many strata owners assume minor remedial projects don’t require approval and proceed without it, but that’s not always the case. Non-compliant works that breach planning laws or the Design and Building Practitioners Act (DBPA) can result in financial penalties, legal complications and even forced removals.
At All Suburbs Strata Management, we bring over 40 years of experience in residential strata management in Greater Sydney, Nepean and the Central Coast. Whether you’re planning refurbishments or have already undertaken them, here’s what you need to know.
What constitutes ‘unauthorised works’?
Certain strata renovations require formal approval, particularly those involving structural changes, plumbing, electrical work or alterations to the building’s façade. Approval from the owners corporation and local council is essential for modifications that affect the safety, integrity or external appearance of the property.
Where confusion often arises is that some minor renovations fall under exempt development, meaning they don’t require council approval if they meet specific criteria under NSW planning laws. Complying development applies to works that meet pre-set standards and can be fast-tracked with certification. However, anything outside these categories generally requires a formal development application and approval.
The DBPA improves accountability in the construction industry, particularly for residential apartment buildings. It sets strict requirements for design and building practitioners, ensuring regulated works are properly documented. Strata owners undertaking major renovations must engage registered professionals to certify their work to avoid defects or legal issues.
Legal consequences of non-compliance
Penalties under the Environmental Planning and Assessment Act (EPA):
The EPA imposes heavy fines for unauthorised building works, with penalties reaching up to $5 million for corporations and $1 million for individuals. If the breach continues, daily penalties apply. Serious violations can also lead to costly legal action.
Council enforcement:
Local councils have the authority to issue enforcement orders for non-compliant works, including stop-work notices, demolition orders and mandatory repair directives. These orders can require immediate action, forcing owners to halt construction, remove illegal structures or restore the property to its original condition—all at their own expense.
Insurance risks of unapproved works
Most strata insurance policies exclude coverage for unauthorised building works. If renovations or structural changes don’t comply with planning laws or strata by-laws, insurers can refuse to cover any related damage or defects.
If unapproved renovations result in property damage, liability issues or safety hazards, insurers can deny claims, leaving the owner or owners corporation financially responsible. This applies not only to repair costs but also to potential third-party claims arising from unsafe or defective construction.
Insurance providers also require full disclosure of any modifications made to a strata property. If unauthorised works are not declared at renewal, insurers may refuse to cover the entire policy, leaving the building exposed to financial and legal risks. Some insurers may also demand rectification before renewing coverage.
How to fix non-compliant works
If you have already completed unauthorised works, you will need to apply for a Building Information Certificate (BIC) to have them retrospectively approved. However, councils will only issue this if they are satisfied the works meet all legal and safety requirements. If approval is denied, you may be issued with an order for modification or removal.
To support a BIC application, owners may need compliance certificates from qualified contractors or certifiers, confirming the works meet building standards. If proper documentation was not obtained during construction, securing retrospective compliance can be challenging, and additional inspections or modifications may be required.
Strata managers and legal experts can help navigate the approval process, liaise with councils and address compliance issues. If enforcement action has already been taken, professional advice can assist in negotiating solutions and preventing further financial penalties or legal consequences.
Why choose All Suburbs Strata Management?
Ultimately, cutting corners can lead to significant financial and legal woes, so it’s essential to understand the requirements before starting any work on your strata property.
If you’ve carried out works without the necessary approvals, start by consulting your strata manager to understand your scheme’s by-laws and potential compliance options. You may also need to engage additional professionals to assess whether retrospective approval is possible.
At ASSM, we have over 40 years of experience in strata management for residential, community, commercial and industrial properties, and we specialise in compliance.
Are you looking for a reliable strata manager? Our team provides outstanding service and clear communication. The goal of everything we do is simple: to make life easier for you.
If you are considering buying into a strata scheme or want to secure a professional and qualified team, contact ASSM today.
Meet The Author
Matt Blewitt
Licensee in Charge / General Manager
Matt’s career began in property management, and he worked his way through a range of senior roles before returning to the family business. He now oversees ASSM strata portfolios with a practical focus on risk, consistency and keeping things running as they should. He believes clear communication, sound judgement and a willingness to own mistakes when they happen are the foundations of successful strata management.
What keeps Matt motivated is the people he works with, both within the team and across client communities. He understands the pressures owners and committees face and always balances compliance with common sense. This measured approach has been shaped by years on the ground and a genuine desire to do the job right, no matter the challenge.
We provide Australia’s most professional and comprehensive strata management services across Greater Sydney and other parts of NSW. Our expertise spans residential, community, commercial and industrial strata schemes. It’s easy to switch to All Suburbs Strata Management. See the extensive range of suburbs our certified strata managers oversee below.
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FAQs
What does “strata works without approval” mean?
It refers to renovation or building work carried out by a lot owner that should have had approval from the owners corporation and/or local council but was done without that consent. This can include structural changes, plumbing, electrical work or alterations affecting common property.
Why is it a problem to do strata works without approval?
Unauthorised works can lead to legal and financial issues because they may breach strata by-laws, planning laws and safety regulations. The owners corporation can take action to enforce compliance, and insurance may not cover unapproved changes.
What kinds of work generally require approval in a strata scheme?
Work that affects common property, structural elements, waterproofing or utilities typically requires formal approval from the owners corporation. Some very minor cosmetic changes may not require formal approval, but it’s important to check your scheme’s by-laws.
What can the owners corporation do if unauthorised work is discovered?
The owners corporation may issue a notice to comply, request removal or rectification of the unauthorised work, and can take the matter to the NSW Civil and Administrative Tribunal (NCAT) for orders that force compliance or restoration.
Can I seek retrospective approval if work was done without it?
Yes, but retrospective approval is not guaranteed and usually involves formal application to the owners corporation first. For major works affecting common property, this may also require a special resolution, and if refused, an application to NCAT may follow.
What are the possible consequences of carrying out works without approval?
Consequences can include having to remove or undo the work, financial liability for costs, loss of insurance cover for the unauthorised changes and potential difficulty when selling the property.