NSW strata legislation

The need to professionalise the strata or building management through more flexibility, efficiencies, accountability and alignment with modern technology is finally being put into action with the recent announcement of a new Strata Schemes Management Act 2015 which came into effect from
30 November 2016.

For more information on the recent changes to the NSW strata legislation, download our FREE e-book!


What does the new legislation entail?

At a high level, most of the changes are around making Annual General Meetings and committee meetings more inclusive, providing role clarity, introducing a consistency of terminology, and ensuring improved owner protection.

In order to make it easier to digest some of the legal and more complex changes, we created a series of communications:

NSW legislation update #1

Annual general meetings

NSW legislation update #2

Committee meetings

NSW legislation update #3

Finance, legal & insurance

NSW legislation update #4

By-laws

NSW legislation update #5

Repairs & maintenance

NSW legislation update #6

Strata management agreements


NSW legislation information session

For changes more specific to your scheme’s requirements, we would encourage your owners corporation to conduct a by-law review.  If you have further questions or in need of advice, please email your strata manager with your property and contact details.

News updates:

1 September 2018: NSW updates its swimming pool regulations

The new legislation commences around Swimming Pools Regulations 2018 for property owners, builders and strata committees overseeing shared property amenities. These changes highlight the need for instating safety checks and building barriers around pools in compliance with the Building Code of Australia.

11 October 2018: New plumbing and drainage legislation

The government has made changes to the Plumbing and Drainage Act 2011 and the Plumbing and Drainage Regulation 2017. Before starting any plumbing or drainage work, a Notice of Work needs to be submitted. The Certificate of Compliance as well as the Sewer Service Diagram needs to be provided after the work is completed, to the regulators and inspectors.

22 October 2018: Ban on combustible cladding and building registration upon occupancy

NSW law mandates that all buildings need to comply with the combustible cladding ban. Building occupied after 22 October 2018 must register their information online about their building ownership and type of cladding material being used, within 4 months of first occupation. All buildings occupied before 22 October 2018 must complete online registration by 22 February 2019.

28 November 2018: Increased time-frame for notice delivery by post

An amendment to section 76 (1) (b) of the Interpretation Act 1987 (NSW) states that committee members now need to take into account a seven working day notice period, instead of four working days as previously, between the time the notice is sent and the date of the meeting. More information is available at the government website for NSW legislation.

28 February 2019: NSW announced reforms to residential tenancy laws to protect the rights of domestic violence victims

Effective from 28 February 2019, the Residential Tenancies Amendment (Review) Bill 2018 requires landlords to maintain minimum habitable standards for their rented property and establish reasonable rent control for tenants who are domestic violence victims. While maintaining records, addressing disputes and assessing damage of rented property as a result of domestic violence, landlords must prioritise the privacy of victimised tenants and ensure sensitivity while handling their cases.

27 March 2019: Safety warning on open flued gas space heaters

If your apartment has an open-flued gas space heater, take care to check the brand for safety and compliance. NSW Fair Trading has identified four heater models that may be unsafe to use in your strata property. Before you use the heaters, make sure to check if they have been registered with the supplier for testing and any required modifications are done by a licensed gas fitter.