Reviewed and updated 14-10-2026. We corrected the approval route (work on common property goes through section 108, or section 110 for a minor renovation — not usually a common property rights by-law), corrected the budget reference, and removed a list of examples we could not verify.
If your scheme has a by-law that stops solar panels or an EV charger because they'd "spoil the look" of the building, that by-law can no longer do that — unless the property is heritage-listed or in a heritage conservation area. AGMs must also now consider sustainability as an agenda item.
What the change actually says
Under section 139B of the Strata Schemes Management Act 2015, a by-law can't prevent sustainability infrastructure being installed solely to preserve the external appearance of the building. The exception is a heritage-listed property or one in a heritage conservation area.
A by-law that is inconsistent with the Act has no force from the date the law changed — so this applies to older by-laws too.
What counts as sustainability infrastructure?
Common examples are solar panels, batteries and EV charging equipment. If you're unsure whether something qualifies, ask us before you rely on it.
Sustainability on every AGM agenda
Every AGM must now include an item on sustainability infrastructure, including the common property's energy and water consumption (Schedule 1, cl 6). Expected spending on sustainability infrastructure must also be estimated in the budget (s79).
How approvals still work
Removing the appearance excuse doesn't mean owners can install whatever they like without approval. No one can do work on common property without authority (s111). Depending on the work, an installation needs:
- Approval as a minor renovation (s110) — by ordinary resolution at a general meeting, or by the committee if a by-law delegates it; or
- A special resolution to alter common property (s108), which must say who will maintain the altered area
Electrical safety, insurance and who pays for ongoing maintenance should be dealt with in the approval terms.
What this means for your scheme
For owners wanting solar or an EV charger: the path is clearer. A blanket "no, it'll look bad" response is no longer valid outside heritage areas — but you still need approval through the right process.
For committees: review your by-laws. If you've got one that bans these on appearance grounds, it's dead weight. Repeal it cleanly to avoid confusion.
For everyone: AGMs need a sustainability item. It's on our standard agenda.
Sources
Strata Schemes Management Act 2015 (NSW), s79, s108, s110, s111, s139B, Schedule 1 cl 6.