Enter your email Address

LookUpStrata

Strata Information Leading to Open Discussion

advert Lannock strata finance
Australia's Top Property Blog Dedicated to Strata Living
  • Home
  • What is strata?
    • Strata Legislation – Rules and ByLaws
    • What is Strata?
    • Glossary of NSW Strata Terms and Jargon
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
    • Strata Webinars
      • NSW Strata Webinars
      • QLD Strata Webinars
      • VIC Strata Webinars
      • ACT Strata Webinars
      • SA Strata Webinars
      • WA Strata Webinars
    • Upcoming and FREE Strata Events
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap
Home » Bylaws » Bylaws NSW » NSW: Strata & Community Title Update 2025 – Part 6 – Common Property Duty & Minor Renovations

NSW: Strata & Community Title Update 2025 – Part 6 – Common Property Duty & Minor Renovations

Published May 5, 2025 By Allison Benson, Kerin Benson Lawyers Leave a Comment Last Updated May 12, 2025

Share with your strata community

  • Share
  • LinkedIn
  • Email

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

Lannock + Tinworth webinar promo

This post discusses the changes to the duty to maintain and repair common property and association property and the approval of minor renovations in strata schemes.

Catch up on the previous editions here:

  • Part 1: commissions and disclosures
  • Part 2: Accessibility Infrastructure
  • Part 3: Strata & Association Committees
  • Part 4: Building & Facilities Manager’s Duties
  • Part 5: Finances & Levy Recovery Process

GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE

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.

Limitation on deferring repairs

In a major change to a scheme’s ability to defer its repair and maintenance of common or association property obligations while taking action against a third party (for example building defect actions), schemes will not be able to defer their obligation if it affects a person’s access to or use of the common property of a lot in the scheme. This will significantly limit a scheme’s ability to defer repairs.

Time limit for damages

This relates to the owners corporation’s (and associations) duty to maintain and repair its common property (or association property). The time from which a lot owner must take action against the scheme for their damages after they first become aware of their loss is to be extended from the current two years to six years. This is a significant change.

As it is not known when the changes will take effect lot owners suffering damages should, if they have suffered loss from a failure of their scheme to maintain and repair its common property, take action under the existing two year limitation period.

Additions & Alterations

Special resolutions authorising changes to the common property will need to specify whether the ongoing maintenance obligation is assigned to the scheme or the relevant lot owner: s108(3) SSMA.

Minor renovations

Strata committees that refuse applications for minor renovations under s110 of the SSMA must provide written reasons within three months of the application s110(6B). Failure to do so results in the deemed acceptance of the works application: s110(6B).

Schemes must keep written records of minor renovations for ten years: s110(6C).

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: allison@kerinbensonlawyers.com.au
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 #742.

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: Q&A How do we Deal with Strata Manager Complaints and Bullying?
  • NSW: Cost Recovery By-Laws And Strata Schemes: Are They Valid?
  • 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
  • NSW: Strata & Community Title Update 2025 – Part 4 – Building & Facilities Manager’s Duties
  • NSW: Strata & Community Title Update 2025 – Part 5 – Finances & Levy Recovery Process

Visit our Your Strata Levies 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.

After a free PDFof this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Share with your strata community

  • Share
  • LinkedIn
  • Email

About Allison Benson, Kerin Benson Lawyers

Allison is a strata lawyer who has provided general strata advice, acted in strata disputes (including building defect disputes) and worked with clients in preparing and enforcing by-laws and strata management statements, since 2008. From 2012 onwards, Allison has acted exclusively on behalf of owners corporations and lot owners in respect of both strata and community association disputes and building and construction disputes.

Allison has extensive experience in commercial litigation and dispute resolution, having represented clients in contractual claims, interpretation of by-laws and rules, Home Building Act claims and levy recovery claims at all levels of court proceedings, including in the Court of Appeal and in the former CTTT (now the NSW Civil and Administrative Tribunal known as NCAT). Allison’s knowledge across a variety of strata schemes matters enables her to advise owners corporations, lot owners and other interested parties on a range of issues and to represent their interests both informally and before the courts.

Allison is a member of the Australian College of Community Association Lawyers (ACCAL), the Newcastle Law Society and the Society of Construction Law Australia. She holds a Bachelor of Laws (Hons) from Macquarie University and a Bachelor of Business from the University of Newcastle.
Allison's LinkedIn Profile.
Allison is a regular contributor to LookUpStrata. You can take a look at Allison's articles here .

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
Subscribe Newsletter

TESTIMONIALS

"LookUpStrata should be compulsory reading for every member of a Body Corporate Committee. It provides the most understandable answers to all the common (and uncommon) questions that vex Body Corporates everywhere. Too often Committee members do not understand what Body Corporates are legally able to do and not do. LookUpStrata helps educate everybody living in a Body Corporate environment for free." John, Lot Owner

"It's the best and most professional body corporate information source a strata manager could have! Thanks to the whole team!" MQ, Strata Manager

"I like reading all the relevant articles on important issues on Strata living that the LookUpStrata Newsletter always effectively successfully covers"
Carole, Lot Owner

"Strata is so confusing and your newsletters and website are my go-to to get my questions answered. It has helped me out so many times and is a fabulous knowledge hub." Izzy, Lot Owner

Quick Login

Log In
Register Lost Password

Categories

  • Contact a Strata Specialist on the LookUpStrata Directory
  • Ask Us A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • Bronwyn on QLD: Q&A Body Corporate Spending Without Required Approvals
  • tyson dsylva on SA: Q&A Strata Voting Rules, Majority Votes and Proxies
  • Nikki Jovicic on Queensland Body Corporate Commissioner: Information, community education and conciliation at BCCM
  • Marino Tagliapietra on Queensland Body Corporate Commissioner: Information, community education and conciliation at BCCM
  • William on SA: Q&A Strata Voting Rules, Majority Votes and Proxies
  • Norman Reid on VIC: Q&A Signing a Contract on Behalf of the Owners Corporation
  • Nikki Jovicic on WA: Q&A Can we stop neighbour from smoking on the apartment balcony?
  • Dean on WA: Q&A Can we stop neighbour from smoking on the apartment balcony?
  • Nikki Jovicic on QLD: Body corporate communications
  • Liza Admin on QLD: A recent adjudication order highlighting body corporate general meetings

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2025 · LookUpStrata ® Pty Ltd · All rights reserved