NSW: Strata & Community Title Update 2025 – Part 4 – Building & Facilities Manager’s Duties

This article is part of a series by Allison Benson from Kerin Benson Lawyers detailing NSW strata law changes in 2025.

This is part four of a six part series discussing the strata and community title updates in 2025. This post discusses the new definition of a building manager and a facilities manager and the new duties imposed on them.

Catch up on the previous editions here:

• Part 1: commissions and disclosures
• Part 2: Accessibility Infrastructure
• Part 3: Strata & Association Committees

These changes will be brought about by the Strata Schemes Legislation Amendment Act 2025 when it takes effect. Some minor changes have taken effect but the changes discussed below have not yet done so. It is expected that the changes will come into effect from mid 2025.

There is a new definition that provides a significant carve out from who is considered a building or facilities manager. Under the changes, where a person exercises the functions of a building manager (or in the case of an association a facilities manager) on a voluntary or casual basis only or as a member of a committee or if they belong to a yet to be prescribed class of people, they are not a building / facilities manager: s66(2) SSMA & s70(2) CLMA.

This changes are key as there is a substantial new duty is imposed on building and facilities managers. Building and facilities managers must not, without reasonable excuse, fail to act in the best interests of the scheme or breach a duty prescribed by the regulations (which are not yet known): s 70A SSMA & s 74A CLMA. However, they are not required to do so if such act would be contrary to the Act or regulations or otherwise unlawful.

Additional duties may be prescribed by the regulations with potential penalties being 100 penalty units for individuals and 200 otherwise.

Although references are made throughout to changes to the SSMA, these changes also affect the Community Land Management Act 2021 (NSW) (“CLMA”).

Allison Benson
Kerin Benson Lawyers
E: [email protected]
P: 02 4032 7990

This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.

This post appears in Strata News #740.

This article has been republished with permission from the author and first appeared on the Thoughts from a Strata Lawyer… website.

Have a question or something to add to the article? Leave a comment below.

Read next:

• NSW: Building Management Agreements: Three tips for negotiations
• NAT: The role of the building manager and how technology can improve building management
• NSW: Strata & Community Title Update 2025 – Part 1 – commissions and disclosures
• NSW: Strata & Community Title Update 2025 – Part 2 – Accessibility Infrastructure
• NSW: Strata & Community Title Update 2025 – Part 3 – Strata & Association Committees

Visit our Building Managers OR NSW Strata Legislation pages.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.

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