NSW Strata Legislation

Strata Legislation NSW

Strata Schemes Management Act 2015 No 50 commenced on 30 November 2016.

An Act with respect to the management of strata schemes and disputes related to strata schemes and other matters; and to repeal the Strata Schemes Management Act 1996.

Strata Schemes Management Regulation 2016 commenced on 30 November 2016.

Strata Schemes Development Act, 2015 NO 51 (NSW) (SSDA 2015)

The SSDA regulates among other things:

• the implementation of strata plans of subdivision, the subdivision of land into cubic spaces and the creation of titles thereto; and
• requirements for the issue of strata certificates by local councils or by accredited certifiers; and
• variation, termination and renewal of strata schemes.

The SSDA further amends and/or legislation including the Conveyancing Act 1919, the Local Government Act 1919, the Land Tax Management Act 1956, the Real Property Act 1900, the Land Tax Management Act 1956.

The Strata Schemes Development Regulation 2016 is enacted under the SSDA 2015. It commenced on 30th November 2016 and provides for the implementation and administrative detail required for matters including:

• the issuance of strata certificates,
• lodgement of plans eg strata plan of subdivision with the Registrar General
• collective sale or redevelopment of strata schemes
• payment of fees
• prescribed form and content of plans, administration sheets and schedules of unit entitlements.

Community Land Management Act 1989

An Act to provide for the management of community schemes, precinct schemes and neighbourhood schemes established by the subdivision of land under the Community Land Development Act 1989 ; and for other purposes.

Community Land Development Act 1989

An Act to facilitate the subdivision and development of land with shared property; and for other purposes.

Property, Stock and Business Agents Act 2002

An Act to provide for the regulation of property, stock and business agents.

Strata Schemes Management Amendment (Child Window Safety Devices) Regulation 2013

An Act to amend the Strata Schemes Management Act 1996 with respect to the installation of child window safety devices.

NSW Fair Trading

By-laws in a strata scheme

Strata schemes are effectively small communities where the activities and attitudes of residents can have a significant impact on the satisfaction and enjoyment of others. Therefore, it is important to be aware of your responsibilities and obligations when you own or live in a strata unit.

Frequently Asked Questions: Strata Schemes

Frequently asked questions are based on model by–laws provided under the Schedule 2 of the Strata Schemes Management Regulation 2010.

Strata Living Booklet

What you need to know about living in your strata community under strata legislation NSW.

Strata Scheme and Residential Tenancy Forms

NSW Civil & Administrative Tribunal (NCAT)

Strata & Community Schemes information

Applications can be made by lot owners, owners corporations and occupiers concerning strata, community and neighbourhood scheme disputes. Parties must generally attempt mediation before lodging an application.

• Strata Application Consumer and Commercial Division | Strata List
• Strata Application for Interim Orders Consumer and Commercial Division | Strata List
• Notice of Appeal | NCAT Internal Appeal Panel
• Reply to Appeal | NCAT Internal Appeal Panel
• Application for Stay of Original Decision Pending Appeal | NCAT Internal Appeal Panel
• Notice to Comply With a By-law

Useful Links for Strata Legislation NSW

NSW Fair Trading

Strata regulator for New South Wales.

Common Property Memorandum

A common property memorandum specifies whether an owner of a lot or the owners corporation is responsible for the maintenance, repair or replacement of any of the common property.

Strata Community Association (NSW)

formerly known as the Institute of Strata Title Management. The leading professional body for the strata and community title sector in New South Wales with lots of strata title information.

Free Online Executive Committee Training

Available to those who are currently (or are interested in becoming) members of Executive Committees.

Strata Plans: Fast Facts

NSW Government: Land & Property Information

Owners Corporation Network (OCN)

OCN is an organisation of owners helping owners – people who have experience in strata living; who have confronted many of its inherent problems; and who have evolved strategies for dealing with the problems that the rapid growth in apartment and townhouse living inevitably brings.

OCN’s expertise is based not only on knowledge and experience but on empathy – they understand the emotional impact of strata issues, as well as the legal, social and financial implications of living under a different set of rules from those that apply to free-standing homes.

OCN strives to improve strata living via education and advocacy.

City of Sydney: Apartment Living

Different rules and approaches in apartments can apply and not everyone is used to high-density living, so the City of Sydney developed a series of workshops to provide new strata residents with tips and strategies.

Strata Skills 101 workshops kicked off in 2012 and are continuing in 2013. The interactive workshops are presented by experts and run for 2 to 3 hours each. Please check our Strata Events page for more information concerning strata legislation NSW.

Australian Resident Accommodation Managers Association ARAMA (NSW)

The membership based industry body representing people involved in the Management Rights of property that operates under body corporate, strata or community title across NSW.

NSW Department of Planning & Environment

SEPP 65 – Apartment Design Guide: Tools for improving apartment design in NSW

The Apartment Design Guide provides consistent planning and design standards for apartment development across the State. It is a resource to enable councils, planners, developers and architects to improve residential apartment design.

Faculty of Built Environment, University of NSW

City Futures Research Centre

Renewing the Compact City: Interim Report

Laurence Troy, Hazel Easthope, Bill Randolph, Simon Pinnegar – City Futures Research Centre

This report presents data from the first stage of a research project called Renewing the Compact City which aims to investigate economically viable and socially sustainable approaches to the renewal of existing multi-unit strata titled residential development in Sydney.

Tenants’ rights manual: a practical guide to renting in NSW, 4th edition

Tenants’ Union of NSW
Especially for tenants and people who work with tenants on issues to do with renting.

Keeping Pets in Strata Schemes: your questions answered

NSW Young Lawyers Animal Rights Committee
Whether you can keep your pet in the strata scheme depends on the terms of the By-laws which apply to the scheme.

Achieving smoke-free apartment living

Cancer Council NSW
Why choose smoke-free apartments?

NSW: Engaging with Parliament – Contact your member

If you believe there is a strata issue that needs to be brought to the government’s attention.

Forms for Strata Legislation NSW

NSW Fair Trading

Provides access to a PDF version of a number of strata title forms HERE. Or individual forms can accessed via the following links:

• Application for Mediation – including instructions and a checklist of items to include prior to submitting the application.
• Notice to Comply with a By-Law – including important information & notes on how the notice can be served.
• Proxy Appointment Form – including some notes on how the form can be used.
• Section 184 Certificate.

NSW Land & Property Information

Provides access to a PDF version of a number of strata title forms HERE. See the below links for direct access to some of the commonly used forms:

• Change of Address of an Owners Corporation 15CA. Further instructions can be obtained from the Registrar General’s Directions.
• Consolidation/Change of by-laws 15CH. Further instructions can be obtained from the Registrar General’s Directions.
• Conversion of a Strata Lot to Common Property 15CD. Further instructions can be obtained from the Registrar General’s Directions.
• Order Affecting a Strata Plan 15SO. Further instructions can be obtained from the Registrar General’s Directions.
• Termination of a Strata Scheme 15ST. Further instructions can be obtained from the Registrar General’s Directions.

Problems With Apartments? Complaint handling in your owners corporation – Strata Legislation NSW

NSW Fair Trading

Have a read of the Strata & Community Disputes page which outlines the process, covering the following steps:

1. Talking about it
2. Mediation – NSW Civil & Administrative Tribunal (NCAT) contains a page on Mediation.
3. Notice to comply with a by-law – Notice to comply with a by-law form in PDF.

The NSW Civil and Administrative Tribunal (NCAT)

Have a read of the Community schemes adjudication page which outlines the process involved.

Neighbours and the law

Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:

Disputes and how to resolve them. If you have a problem with your neighbour, or your neighbour has a problem with you, it is important to try to resolve it as early as possible. Once a problem escalates, it can result in entrenched conflict that becomes disabling for all concerned and very difficult to resolve.

What to do if you are unhappy with your strata manager

NSW Fair Trading provides information about dealing with your Strata managing agent on its Q&A page. They cover the following topics:

• How much influence do we have over the managing agent?
• Our strata manager is terrible. He never follows up on our requests for repairs and we think his fees are too high for the work he does. Sometimes we aren’t certain he is following the Act exactly.
• We sacked our managing agent – now they will not give us the financial records. What do we do?
• How do we find a good managing agent?