At a Glance
This guide explains what owners can and can’t change in a backyard, courtyard or exclusive-use outdoor area in a NSW strata scheme. It outlines the difference between lot property and exclusive-use common property, the types of garden updates you can usually make without approval, and when you’ll need Owners Corporation approval or a special by-law.
Can You Change Your Strata Property’s Backyard?
With summer approaching, many owners start thinking about freshening up their outdoor spaces. Whether you’re planting herbs, adding greenery or giving your courtyard a seasonal update, it’s natural to want your garden area to feel personal and inviting.
But in a strata property, outdoor areas often sit on common property. Before you start gardening or renovating, it’s important to understand what you can and can’t change under NSW strata legislation. The last thing you want is to invest time and money into a project that needs to be undone.
1. Is Your Backyard Common Property or Lot Property?
Your level of freedom depends on how your outdoor space is classified on the strata plan.
Lot property
Less common, but if your courtyard or garden is legally part of your lot, you generally have more control over changes. Structural works may still require approval.
Exclusive-use common property
This is the most typical arrangement for ground-floor apartments, townhouses and villas. You have exclusive access, but the land remains common property.
That means:
- The Owners Corporation decides what changes are allowed
- Any works must comply with the scheme’s by-laws
If you’re unsure, your strata manager can help you interpret your plan.
Find out more about how by-laws work and why they matter here.
2. What You Can Usually Change Without Approval
If your outdoor area is exclusive-use but your changes are low-impact, you can often make:
- Planting herbs, small shrubs or flowers
- Potted plants
- Outdoor furniture
- Small, removable decorative items
These are typically allowed because they don’t alter structure, drainage, waterproofing or the layout of the garden.
3. What Requires Approval from the Owners Corporation
Any change that affects common property, structure or shared services will require approval.
Landscaping changes
- Removing hedges or trees
- Installing raised garden beds or retaining walls
- Laying turf that affects drainage or irrigation
- Changing garden layouts
Structural additions
- Decking
- Pergolas or shade sails
- Privacy screens
- Fences or dividing walls
- Concrete slabs or paved areas
Anything that affects drainage or waterproofing always requires approval, even small level changes can create serious flooding issues for neighbours.
Services and Utilities
- Outdoor taps
- Electrical wiring or lighting
- Gas for BBQ areas
- Fixed outdoor kitchens
When in doubt, ask your strata manager before starting work.
4. What Type of Approval Do You Need?
Cosmetic changes
Simple, decorative changes often don’t require approval, although some schemes prefer notification.
Minor renovations
May require committee approval at a strata committee meeting. Examples include small landscaping changes that don’t impact drainage, roots or structure.
Major renovations (Common Property)
These generally require:
- A special by-law
- Approval by special resolution at a general meeting
You may also be required to maintain the works in the future.
Learn more about renovation in strata properties here.
5. What Happens If You Make Changes Without Approval?
If changes are made without approval, you may be required to:
- Remove or undo the work
- Restore the area at your own cost
- Respond to compliance notices
- Address drainage or boundary issues caused by the change
Unauthorised landscaping or structural additions can create long-term problems, so always check first.
6. How to Get Approval the Right Way
Before you begin:
- Review your building’s by-laws
- Confirm whether the area is lot property or exclusive-use common property
- Prepare documentation outlining the proposed works
- Submit your request through your strata manager
- Allow time for committee or general meeting approval
- Confirm whether a by-law is required
Your strata manager can guide you through the entire process.
FAQs About Strata Backyards in NSW
Can I plant a tree?
Not without approval, as tree roots can affect structures and drainage.
Can I install decking?
Most decking requires formal approval because it changes structure and affects water flow.
Can I change the fence?
Fences on common property always need approval.
Can I install a pergola?
Most pergolas require a special by-law because they are structural.
Can I grow herbs or small vegetables in my courtyard?
Yes, in most cases.
If you’re using pots or movable planters, and you’re not altering soil levels or irrigation, this is usually allowed without formal approval.
Just make sure the plants don’t damage common property or obstruct pathways.
Can I add temporary outdoor storage?
Often yes, as long as the storage box or cabinet is free-standing, under a certain height (depending on by-laws), and does not block access or ventilation.
It must not be fixed to a wall or fence unless approved.
Can I place potted plants on a shared garden bed?
Usually yes, if:
- the plants are in pots (not planted into the soil)
- they don’t disrupt irrigation
- they are easy to remove
- they don’t create hazards
When in doubt, check with your strata manager — each building can set different rules for shared garden areas.
Can I plant directly into a common property garden bed?
Only with approval.
Even small plantings can affect roots, drainage, soil profiles and long-term maintenance. If you’d like to personalise a shared garden bed, it’s best to request permission so everything stays consistent with the building’s landscape plan.
Can I repaint a courtyard wall?
If the wall is lot property, you can usually repaint it (subject to colour restrictions in your by-laws). If it’s common property, you’ll need approval, even a colour match often requires committee review, as it affects the building’s appearance.
Can I hang string lights or fairy lights outside?
Yes, if the lights are temporary, low-voltage and not drilled into common property. Lights that require wiring, mounting or drilling into structure will need approval.
Can I put down outdoor mats or rugs?
Yes, as long as they:
- don’t create a tripping hazard
- don’t block drainage
- are removable
Can I use a portable BBQ?
Portable electric or gas BBQs are usually allowed.
Built-in BBQs, gas connections or outdoor kitchens require approval.
Can I store bikes or sporting equipment in my courtyard?
Yes, if it remains tidy and doesn’t block access or emergency egress routes. Permanent storage racks attached to walls or fences require approval.
Need Help Understanding What’s Allowed?
Personalising your outdoor space is a great way to make your home feel more your own, but in a strata scheme there are extra steps to ensure everything remains compliant, consistent and safe for your neighbours.
If you’re ever unsure, reach out to your Jamesons team. We’ll help you interpret your strata plan, review by-laws and guide you through the approval process.
Our goal is simple: to leave your building in a better place and help you feel happier at home.
