Strata law changes land in wave after wave

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Lots of bright ideas in new strata laws - and confusion too, perhaps

No, it’s not an April Fools joke – there are more changes to strata law imminent and the next lot land on Tuesday, April 1.

The latest wave of NSW strata law changes, will see new obligations landing on developers, owners corporations and strata managers alike. And if you thought that was the end of it, a further reform bill is already before Parliament, promising some of the most sweeping changes to strata governance in years.

The reforms commencing 1 April cover three main areas: initial maintenance schedules, 10-year capital works fund plans, and strata information certificates.

According to our sponsors Bannermans Lawyers, who have been tracking reforms closely, developers of new strata schemes the first AGM of which falls on or after 1 April, must have an initial maintenance schedule prepared in the prescribed form at least 14 days prior to that meeting.

And, for multi-storey schemes, they must engage an independent surveyor to review and certify both that schedule and the adequacy of proposed contributions to the administrative and capital works funds.

Owners corporations implementing or reviewing a 10-year capital works fund plan must also ensure it complies with the newly prescribed form gazetted late last year. And strata information certificates issued to prospective purchasers must specify whether a scheme is subject to an exclusive supply (or embedded) network, covering not just electricity but a range of other utilities and services, and provide specified details of that network.

But the 1 April changes are only part of the story. The Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025, introduced into Parliament in November, proposes a further round of sweeping reforms to be implemented in at least two stages.

Reforms taking effect on the bill receiving assent include enhanced disclosure obligations for strata managing agents relating to commissions and training services, new strata committee meeting timeframe requirements, changes to by-law enforcement allowing parallel actions for damages and prosecutions, and expanded powers for both Fair Trading and the Tribunal, including the ability to award damages for breach of statutory duty.

The changes to be proclaimed at a later date go even further. Building managers face a cap on contract terms of essentially three years, plus new disclosure obligations and enhanced duties of care.

Lot owners will find renovation approval categories restructured into cosmetic work (no approval needed, but narrowed in scope), minor work (general meeting resolution required) and major work (special resolution required).

Two-lot schemes, to be reclassified as “small strata schemes”, stand to have their governance requirements substantially streamlined, with AGMs, strata committees and special resolutions potentially replaced by written resolutions approved by all owners.

Exclusive supply networks (embedded networks) will be formally regulated under the bill, with providers barred from recovering capital costs or requiring an owners corporation to purchase infrastructure.

Electric vehicle charging stations will get their own legislative framework, allowing owners to install them essentially at their own cost even where common property works are involved.

Levy recovery and payment plan rules will also see major changes, and a new provision will regulate when owners corporations can require bonds or fees from owners or occupants, including mandating that any bond be reasonable in light of actual risk, and that it be released within a specified timeframe if no claim is made.

The government has indicated that further consultation is ongoing and that some matters will be addressed through regulation rather than the bill itself, meaning further adjustments are possible before the full package takes effect.

For apartment owners and residents, the message is clear: strata law is changing fast, on multiple fronts, and staying across the detail matters. The full Bannermans Lawyers analysis of the imminent April reforms is here, and their overview of the broader legislative deluge is here.

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  • #83408 Reply | Quote
    Jimmy-T
    Keymaster

      There’s a whole raft of strata law changes coming into force in NSW – and that’s just the start with another wave due later this year.

      [See the full post at: Strata law changes land in wave after wave]

      If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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    • #83441 Reply
      Strata Ken
      Flatchatter

        The capital works fund plan initially requires a surveyor to check the correctness, but it still doesn’t require them to be updated and checked when problems with the building are found. Our one is basically a work of fiction, even though the building defects have been known for over 10 years. The plan has never included remediation. Their is no record of the capital works plan not being followed, one is the external painting because it would be like putting lipstick on a pig.

        #83445 Reply
        Johnston
        Flatchatter

          A problem I have as a strata-owner and as a NSW citizen with these waves of changes is that it is hard to follow them on the NSW Legislation website (BTW, a website I think is terrific: thanks, PCO).
          The principal Act, Strata Schemes Management Act 2015, assented to 5 November 2015, is online where it should be, and ostensibly in the current version: legislation.nsw.gov.au/view/htm/inforce/current/act-2015-050. But this ‘current’ published version does not, as far as I can see, include subsequent amendments that have been assented to since.
          Among these are those made by the Strata Legislation Amendment Bill 2023, assented to on 11 December 2023, and presumably now an ‘Act’: online at legislation.nsw.gov.au/view/htm/bill/409fbb23-b3bd-4899-a94a-ad6bc978ac11. (Phew, I hope I have typed that correctly.) I cannot see the amendments made to the principal Act by this Bill/Act in December 2023 having been (yet) included in the current online version of the Act (as per URL in previous paragraph).
          And then we have the One Big Beautiful Bill, known in New South Wales as the Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025, which has had its 3 readings in the Legislative Assembly but only its 1st reading in the Legislative Council (on 12 February 2026). At http://www.parliament.nsw.gov.au/bills/Pages/Profiles/strata-schemes-legislation-amendment-miscellaneous-bill-2025.aspx. Not yet thru the Parliament or assented to by the monarch (ahem, Governor), its provisions are swirling around in the conversation as if dead-set dunk.
          Frankly, I find Fair Trading’s reporting of the change process as clear and clarifying as as a trumpian thought-bubble and the staged/timed implementation as orderly as a posting on X or Social Truth (not that I have ever seen such, but I hear hearsay).

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        Reply To: Strata law changes land in wave after wave
        PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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