Strata

A strata scheme is a way of dividing a building or group of buildings into 'lots' such as apartments, units, townhouses, or villas, which can be separately owned. Each strata scheme is registered as a strata plan number with NSW Land Registry Services. 

Some strata schemes have both residential lots and commercial lots. Commercial lots may include things like shops, offices, and hotels.  

There are more complex arrangements for land subdivided and developed into community, precinct or neighbourhood schemes. These large schemes are governed and regulated by the Community Land Management Act 2021 and the Community Land Management Regulations 2021.

Common property means shared areas in a strata scheme. It may include spaces such as the main entrance and foyer of the building, corridors and hallways, lifts, main stairwells, car parks, waste disposal areas, plant room, plumbing and electrical spaces, and common garden areas. 

For tenants in strata, the residential tenancy agreement extends the right and privilege to use and enjoy common property and shared areas. However, this use of common property and shared areas is governed by common property by-laws and the strata legal framework. 

Usually property inside the unit is not considered common property – such as flooring, carpet, internal walls, internal taps, electrical fixtures, light switches, lights etc. Generally speaking, anything between the lower surface of the ceiling and the upper surface of the floor in an apartment or unit is not considered common property.

However, it is possible that some property inside the unit can be considered common property. This may include balconies and balustrades, structural walls, original tiles in bathroom and balconies, concrete floors and boundary walls, and electrical and plumbing fixtures that serve more than one apartment or unit.

As a tenant, you should have access to all shared facilities that are available to residents and owners. It is important to read the by-laws to check on rules for shared facilities. For example, the earliest and latest times of day that you can use the pool or gym. See also below: Strata by-laws. 

If there are keys or access passes, you should receive these together with the keys for your rental property when the tenancy starts. If you have issues with access, start by telling the building manager (if there is one), preferably in writing.

Shared facilities are normally reserved for occupants – in other words owner-occupiers and tenants. Visitors may be able to access shared facilities under certain conditions. Shared facilities are not normally accessible by non-resident landlords, but check the strata scheme’s by-laws to be sure.

‘Mixed-use’ strata schemes include residential apartments, commercial and/or retail lots in one building. In these schemes, the common property, shared spaces and facilities are managed by a Strata Management Statement (SMS). There may be more than one registered owners corporations for the different parts or components of the building. Like the strata by-laws, the SMS must be registered with the NSW Land Registry Services. 

The SMS establishes a Building Management Committee (BMC) made up of the owners corporations of the different strata schemes. The BMC uses the SMS to manage and control shared facilities and shared services like rubbish collection and deliveries. The BMC is also responsible for the costs of maintaining shared facilities. 

Some large strata schemes are more complex if they are within a community scheme, precinct scheme or neighbourhood scheme. These schemes may have shared facilities such as private roads and driveways, parks and gardens, and recreational facilities. These shared facilities are managed by a community scheme association through its own rules under the Community Land Management Act 2021 and the Community Land Management Regulations 2021. 

Before you sign your residential tenancy agreement (commonly called a ‘lease’), the landlord or their agent must disclose important strata information to you. The agreement will often have a checklist or boxes to tick for the landlord/agent to disclose this important information to you. If the landlord/agent fails to disclose any of the facts below to you, talk to your local Tenants Advice and Advocacy Service about what actions you can take.

First of all, the landlord/agent must give you a free copy of the strata by-laws. 

Secondly, before you sign the lease the landlord/agent must tell you if there are any scheduled building works/repairs to common property that will start during your fixed term. You may be able to terminate your tenancy if your landlord fails to disclose any of these material facts to you. See also Factsheet: Starting a tenancy. 

Thirdly, the landlord/agent must let you know if the owners corporation of the strata scheme is responsible for replacing or repairing smoke alarms in your apartment or unit. If the smoke alarm in your strata apartment or unit is common property, your landlord does not have the right to delegate the responsibility to repair or replace the fire alarm to you. See also Factsheet: Smoke alarms.

Lastly, the landlord/agent must inform you if a strata renewal committee is formed for your strata building before you enter into the residential tenancy agreement. A strata renewal committee is formed if a developer or purchaser has made an offer to buy out the strata scheme. This process is known as a ‘collective sales and renewal process’. It is a complex legal process, but the landlord’s disclosure will give you an indication of a possible sale or redevelopment of the strata scheme during your tenancy. You may be forced to terminate your tenancy if the strata scheme is sold for redevelopment. See also Factsheet: Sale of rented premises.

The owners corporation, once called the ‘body corporate,’ is the company of all the individual owners of the apartments in a strata title building. 

The owners corporation is responsible for managing and controlling the use of common property, managing finances, keeping accounts and records, maintaining and repairing common property and taking out annual strata insurance. It is financed by regular levy contributions from its members – the owners of apartments in the strata scheme.
The owners corporation is legally referred to as The Owners – Strata Plan X, X being the registered strata plan number.

There is an executive committee of the owners corporation, often referred to as the strata committee. It is a volunteer committee comprising Chairperson, Secretary, Treasurer and ordinary members. In some strata buildings, a tenant representative may be invited to join the strata committee. The roles and responsibilities of the strata committee are defined by the strata legislation and the regulations. 

Many (but not all) strata schemes contract an agent, known as a ‘strata manager’ or ‘strata managing agent’, to deal with day-to-day management. 

The owners corporation may assign some of its key functions to the strata manager. This may include the power to issue notices and certificates, enter into contracts for maintenance and services for common property and others.

Bear in mind that the strata manager works for the owners corporation. They have a duty to act in the interests of the owners corporation. 

Under strata laws, the strata manager must be a holder of an appropriate licence issued by NSW Fair Trading.

A building manager is responsible for the day-to-day operation of the building. They control the use of common property, and manage access for renovation or improvement, maintenance and repairs to common property. A building manager can sometimes be referred to as the caretaker or a resident manager. The building manager is usually located in the building. They may be a resident owner or have an office in the building. The building manager also manages suppliers and contractors to common property for services like rubbish removal, general maintenance and repair, pest control, and fire checks. 

The building manager is the go-to for repairs and maintenance of common property in strata schemes. If you are renting in a strata scheme, ask your landlord/agent for the contact details of the building manager appointed by the strata, if there is one.

Not all strata schemes have a building manager. 

Strata by-laws are the rules that apply to everyone living in the strata scheme. They cover how private property (your apartment or unit) and common property are managed. These rules are made for all owners in the strata scheme to follow. Tenants are also required to follow the strata by-laws. The strata by-laws form legally binding terms of your tenancy agreement.

Strata by-laws are valid and enforceable if they are registered with NSW Land Registry Services (NSWLRS).

What are the ‘model by-laws’?

The ‘model by-laws’ are standard by-laws that an owners corporation can adopt when the strata scheme is first registered. The model by-laws are specified in the strata regulations. 

The model by-laws set out the rules for the following:

1. Vehicles
2. Changes to common property
3. Damage to lawns and plants on common property
4. Obstruction of common property
5. Keeping of animals
6. Noise
7. Behaviour of owners, occupiers and invitees
8. Children playing on common property
9. Smoke penetration
10. Preservation of fire safety
11. Storage of inflammable liquids and other substances and materials
12. Appearance of lot
13. Cleaning windows and doors
14. Hanging out of washing
15. Disposal of waste – bins for individual lots
16. Disposal of waste – shared bins
17. Change in use or occupation of lot to be notified
18. Compliance with planning and other requirements

For strata schemes registered before 1996, the model by-laws are set out in Schedule 2 of the Strata Schemes Management Regulations 2016. For strata schemes that are registered after 1996, the model by-laws are set out in Schedule 3 of the same regulations. 

Model by-laws cannot be amended or challenged because they are legal instruments passed by NSW Parliament.

The owners corporation can also write its own strata by-laws. These by-laws can  be added to the model by-laws if the model by-laws have already been adopted. 

Can by-laws be challenged?

A by-law written by the owners corporation can be legally challenged if it is considered to be harsh, unconscionable or oppressive. However, tenants in strata schemes cannot directly challenge by-laws that are written and approved by the owners corporation (because strata by-laws strictly apply to owners of strata units). Instead, you can ask the landlord/agent to challenge a by-law on your behalf. 

By-laws written by the owners corporation must not prohibit or restrict persons under the age of 18 from occupying an apartment or unit, unless the strata scheme is a retirement village or aged-care housing.

Some owners corporations make ‘house rules’ which they expect all occupants to follow. However, if such rules are not registered as by-laws, they are not lawful. If you are renting in a building with house rules, and it is a registered strata scheme, and you wish to challenge them, talk to your local Tenants Advice and Advocacy Service. 

See also Tips: Negotiating with the landlord.

What are the consequences for breaking by-laws?

There may be fines for breaking strata by-laws. If you are caught, the strata committee or the strata manager will send a warning to you or to the landlord/agent. If your behaviour continues, you may be given a formal warning known as ‘a notice-to-comply.’ The notice-to-comply is a standard form that bears the logo of the NSW Government. In the notice-to-comply, you will be told what by-law you have breached and you will be provided with a copy of the by-law. This is serious – if you do not comply you may be putting your tenancy at risk.

If you continue to break the by-law after the notice-to-comply, the owners corporation may take legal action against you in the NSW Civil and Administrative Tribunal (NCAT) for a fine of up to $1,100 to be paid by the owner or tenant. Higher fines can be ordered by NCAT if you have previously been fined for breaching the same by-law. See also see Factsheet: NSW Civil and Administrative Tribunal.

Before a notice-to-comply can be issued, the owners corporation or strata committee must approve it. This approval must happen either at a general meeting or a strata committee meeting. Without this approval, the notice-to-comply may not be valid. However, the strata manager may be able to issue a notice-to-comply if the owners corporation has already delegated this authority to them. 

The owners corporation cannot evict you for breaching strata by-laws, but the landlord/agent may issue you with an eviction notice for breach. By-laws are considered additional terms of your tenancy agreement. Breaches of the by-laws can be treated by the landlord as breaches of your tenancy agreement. See also Factsheet: Eviction – landlord ends tenancy.

If you are given a warning by the strata manager or the strata committee, you should take it very seriously. If you believe that the strata committee or the strata manager has made a mistake, write to them and ask for clarification. It’s a good idea to seek advice from your local Tenants Advice and Advocacy Service. 

The owners corporation regularly hold general meetings including an Annual General Meeting (AGM). Many things are discussed at these meetings including by-laws and breach of by-laws by residents, repairs, maintenance and upgrades of common property, insurance, finance and management and operations of the strata scheme. Members send in their motions for discussion at the general meetings and decisions are resolved by votes. Some decisions only require a simple majority vote and others require special resolution of not less than 75 percent majority (of unit entitlements). There are some decisions that require unanimous support.

The strata committee is the executive committee of the owners corporation. The decisions made by the strata committee in their meetings are taken to be the decisions of the owners corporation. If there is any inconsistency, the decision made by the owners corporation in a general meeting prevails.

Older strata schemes may have a noticeboard displaying strata committee meeting minutes. Schemes started after 1 July 1997 will usually not have a noticeboard.

Many decisions of the owners corporation do not affect your rights and obligations as a tenant in a strata scheme. The decisions are mostly about the operation, management and finance of the strata scheme. Some of the decisions such as enforcement of a strata by-law, renovations and upgrades or the use or enjoyment of common spaces or facilities may directly affect you. 

The decisions of the owners corporation may negatively affect some members and residents of strata schemes but those decisions stand if there is majority support.

The decisions of the owners corporation made in a general meeting or AGM can only be revoked by the same process or challenged on the basis of law. 

It is important to note that disputing decisions made by the owners corporation is a complex process and requires careful analysis of the law. As a tenant, you cannot challenge the decisions made, only the landlord and other owners in a strata scheme have the legal right to do so. Furthermore, the powers of the Courts and the NSW Civil and Administrative Tribunal (NCAT) are limited. The decisions of the owners corporation that are made, voted on or resolved by the majority of its members are usually respected until they are overturned by the same process in a future meeting. 

If you have concerns, seek advice from your local Tenants’ Advice and Advocacy Service. See also above: Strata by-laws: Can by-laws be challenged?

Any tenant can attend the Annual General Meeting (AGM) of the owners corporation and observe.

Although tenant representatives and tenants can only speak if they are invited to, they can provide important perspectives on the experience of tenants in matters such as by-laws, noise and nuisance issues, common property amenities, security and others. If you want an important point to be raised in a meeting, consider speaking or writing to those who can vote at these meetings to gain support. See also Tips: Negotiating with the landlord.

In strata schemes where 50% or more of the lots are occupied by tenants, and those tenancies have been reported to the owners corporation, the owners corporation or its representative must arrange for a meeting for all tenants to elect a tenant representative. The tenants meeting must be convened at least 7 days before each AGM.
The tenant representatives do not make motions or vote on motions but they can attend as observers and may speak on behalf of all the tenants if allowed to do so.

By-laws that impose a blanket ban on pets are no longer lawful. This has made it easier for tenants in strata to keep a pet. However, like before, you still require the landlord’s consent, and you must abide by any reasonable conditions imposed by the landlord and/or the owners corporation. 

There is now a structured process to request consent from the landlord to keep your pet, with clear rules on when the landlord can ‘refuse’ permission or when the landlord can impose ‘conditions’ with the permission. The landlord/agent cannot refuse your request without a valid reason, or impose unreasonable conditions that make it impossible to keep your pet. For more information, see Factsheet: Pets.

After your pet moves in, you have 14 days to provide a written notice to the owners corporation, strata manager or strata committee. This is a separate process to getting consent from the landlord. It is a good idea to check your strata by-laws to see if there are specific requirements to include in your written notice. 

The strata by-law on pets may include conditions or requirements for pet owners. For example, you may be required to keep your pet in your unit, supervise them when on common property, and clean up after them if they make a mess in common spaces. The strata by-law may also include whether you are required to keep them on a leash or carry them when passing through common property. 

As a pet owner it is your responsibility to comply with the by-law and conditions. However, if you believe that you are being treated unfairly because of your pet, you should seek advice from your local Tenants’ Advice and Advocacy Service. 

If the landlord has agreed to you keeping a pet, but a by-law or conditions of a by-law prohibit or restrict you from keeping your pet, you can ask the landlord/agent to challenge it on the basis that it is harsh, unconscionable or oppressive and  prevents you from enjoyment and using your strata apartment or unit with your pet. See also above: Strata by-laws: Can by-laws be challenged? 

It is unlawful for the landlord or the owners corporation to require a pet bond or pet licence fee. If you are asked to pay such a fee, you can contact NSW Fair Trading and make a complaint.

If your pet causes issues with the wellbeing of other residents or interferes with their use and enjoyment of their own unit or common areas, the owners corporation may withdraw its approval, and may ask you to remove your pet. Other occupiers can make complaints of nuisance against you and apply for an order to remove a pet on these grounds. 

Assistance animals such as a guide dog or hearing dog are not subject to the same rules on pets. In Australia, assistance animals cannot be refused entry or access anywhere. However if you have an assistance animal, you must be prepared to provide proof. It is reasonable for the landlord/agent to ask you to provide a certificate showing that your animal is an assistance animal.

See more in Factsheet: Pets.

If repairs are needed, start by writing to the landlord/agent. Repairs to individual apartments are the landlord’s responsibility. 

In strata it isn’t always easy to know what is or isn’t common property. Generally speaking, anything between the lower surface of the ceiling and the upper surface of the floor in an apartment or unit is not considered common property.

It is a good idea to assume that the owners corporation needs to know about all damage or repair issues – even if the issue is inside your apartment. So when you write to the landlord/agent about repairs, include the building manager or strata manager in your letter or email. Keep copies of all communications.

The landlord is responsible for all internal repairs, such as internal walls, carpet and floor coverings, light switches and leaking taps. Some plumbing repairs and water damage may also be considered the landlord’s responsibility to repair and maintain. Make sure you follow up with the landlord/agent for any updates on repairs in your unit, even if the owners corporation is responsible for the repairs. 

If the repair involves common property, or there is a risk of damage to common property, the owners corporation should act. The owners corporation has a strict legal responsibility to repair and maintain common property. The actions taken by the owners corporation may include things like engaging suitably qualified professionals to investigate the issue. They may seek access to your apartment to carry out investigations or assess the damage or repair issues. The landlord/agent must provide the appropriate notice to you for any access by the building manager, strata manager, tradespeople or members of the strata committee. The landlord/agent may also seek access for the same reason. 

Repairs often feel urgent, however ‘urgent repairs’ has a very specific definition in tenancy law. There are different legal rules for urgent and non-urgent repairs. 

It is a good idea to take steps to avoid damage if possible (for example moving your belongings away from a leak). However it is not a good idea to try to fix repair problems yourself. Always report them to the landlord and to the building manager / strata manager. The owners corporation may seek damages or compensation for unauthorised works by tenants or owners.

If the landlord fails to do repairs or chase up the owners corporation for repairs in a reasonable timeframe, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that the landlord have the repairs done. In your application to NCAT you should note that your landlord’s repair obligation includes getting the owners corporation to do common property repairs affecting your tenancy.

See also Factsheets: Repairs and maintenance, Privacy and access, and NSW Civil and Administrative Tribunal.

What about ‘cosmetic changes’ and minor modifications?

Strata law gives the landlord the right to undertake ‘cosmetic changes’ without approval from the owners corporation. Cosmetic changes are alterations such as installing or replacing hooks, nails and screws for wall hangings, installing or replacing handrails, laying carpet, filling in minor holes and cracks in internal walls, installing or replacing internal blinds and curtains and installing or replacing built-in wardrobes or other changes and alterations permitted by the strata regulations or strata by-laws. 

‘Minor modifications’ might include installing child safety gates, hand-held shower heads or lever-style taps for assisting elderly or disabled people, or equipment for a phone line or internet service. The tenant must bear the cost of the alteration, unless the landlord agrees otherwise. See also Resource: Property modifications for older tenants.

If you want to make any alterations, you must first get written consent from the landlord/agent. The landlord must not unreasonably withhold consent. Some minor modifications in the apartment may also require the approval of the owners corporation.

Under strata law, windows in all strata buildings should have complying safety locks. Installing and repairing window locks is the responsibility of the owners corporation, unless a by-law has delegated that responsibility to the owner. 

By 13 March 2018 all strata buildings were required to have window safety devices installed on windows which have been identified as a risk for falling.

Safety devices must be attached to windows which meet all three of these characteristics:

• More than 2m above the ground outside (a balcony counts as the ground for this rule), and
• Lower than 1.7 metres from the floor inside, and
• The window can be opened wider than 12.5cm.

Safety devices can come in a range of types that may be more suitable for different windows. Most devices will be a lock that when in use can prevent the window from being opened wider than 12.5cm. They also need to be able to withstand 250 newtons (about the force of a child pushing against the window).

Security bars or grilles may also meet the requirements if the gap between bars is 12.5cm or less, but flyscreens generally won’t unless they are especially strong and designed to resist a lot of force.

What can I do if windows don’t meet requirements?

Your landlord does not have a legal obligation to ensure windows are fitted with safety devices. The strata owner’s corporation has the obligation to ensure all windows comply with requirements. Try the following steps:

1. Write to your landlord requesting that they install the devices or ensure the owner’s corporation does.
2. Request NSW Fair Trading investigate the owner corporation’s failure to install window safety devices. There may be a $550 fine for each failure.
3. Apply for mediation through NSW Fair Trading about the failure of the owner’s corporation to ensure the safety devices are installed. There is no fee for mediation.
4. If mediation fails, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for orders that the owner’s corporation carry out the work.  For more info, including fees, see Factsheet: NSW Civil and Administrative Tribunal.

If all other steps fail, you may choose to install the devices yourself – see below.

Installing devices yourself

This is considered an alteration to the premises. Some, but not all, window safety devices will constitute an alteration of a minor nature. The landlord cannot unreasonably refuse your request for an alteration of a minor nature, but can be unreasonable about alterations which are not minor.

This option probably means you will pay for the device yourself. You can negotiate with the landlord to have them pay for this cost as you are making an improvement to their property. If they do agree, make sure you have their agreement in writing before you spend any money or you will find it difficult to be reimbursed. See also above: How do I get repairs done in strata?

It is always a good idea to start by speaking to or writing to the other person and trying to resolve the dispute amicably. You may find our Tips: Negotiating with the landlord useful. See also the NSW Government page on strata disputes. 

The Strata Schemes Management Act 2015 sets out a process for resolving disputes between occupants of strata schemes, or between the owners corporation and an occupant.

However if your dispute is with the landlord, it may be preferable to resolve it without engaging in the formal strata dispute resolution process. Strata legislation does not always provide the right for tenants to go to Court or the Tribunal. You can get free professional tenancy advice from your local Tenants Advice and Advocacy Service. 

Step 1: Mediation

If speaking or writing to each other does not resolve the dispute, you can apply for mediation (this is required for most disputes under the Strata Schemes Act). Mediation is free. See the NSW Government page on strata disputes. 

An attempt at mediation is required before some disputes can go to the NSW Civil and Administrative Tribunal (NCAT). It is important to note that mediation will not proceed if one of the disputing parties does not participate or refuses to participate. If this arises, the mediator will notify the applicant and issue a notice that mediation was unsuccessful and advise the applicant to proceed to NCAT. 

Step 2: Order by the Tribunal

NCAT can hear certain applications by tenants against the owners corporation or other occupants of the strata scheme. For more information about the Tribunal, including application fees, see our Factsheet: NSW Civil and Administrative Tribunal. You can ask the Tribunal Registrar to waive application fees at any stage of the proceedings, but you will need to show special circumstances.

If you are going to the Tribunal, it’s a good idea to get advice first. Call your local Community Legal Centre.

What about noise and nuisance complaints?

Neighbourhood complaints are common in high-density living. When you rent in strata, you must abide by the noise and nuisance laws outlined in both the strata by-laws and the Residential Tenancies Act. A neighbourhood complaint for noise can lead to warnings for breach of by-laws or your tenancy agreement. 

If you are accused of causing or permitting nuisance in your strata scheme, mediation is available for you to resolve the dispute. It is a good idea to take the complaint seriously, get advice, and try to resolve it – as it could get you fined or put your tenancy at risk. 

If you have a complaint against a neighbour, strata law gives you the right to go to mediation and to NCAT as described above. A resident of strata can bring a nuisance dispute to mediation with NSW Fair Trading and to NCAT, without getting the owners corporation involved. On the other hand, if you believe the owners corporation have failed to intervene by enforcing the by-law on nuisance or noise, you can also have them listed as party to your dispute at mediation and at NCAT.

Strata schemes may have by-laws around moving in and moving out – it is a good idea to check what the requirements are before you move in. It is unlawful for strata to demand a payment of a moving-in or moving-out ‘bond’ or ‘deposit.’ If you are asked to pay such a fee, you can inform the building manager that it is not lawful. It is also a good idea to get advice from your local Tenants Advice and Advocacy Service.  

No. The owners corporation cannot evict a tenant – only the Sheriff can forcibly evict you, with an order from the NSW Civil and Administrative Tribunal or a court. The landlord/agent must first terminate your tenancy agreement. The provisions of the Residential Tenancies Act 2010 must be followed when ending a tenancy in a strata scheme.

See more in Factsheet: Eviction – Landlord ends agreement.

Factsheets

Pets, Repairs, Utilities, Privacy and access, Mould, Smoke alarms, Locks and security, Eviction, NSW Civil and Administrative Tribunal. 

Tips: Negotiating with the landlord

Community legal centres

Community Legal Centres: clcnsw.org.au

NSW government

• NSW Fair Trading (including for mediation): phone 13 32 20
• Renting in strata
• Strata living guide
• Strata disputes
• NSW Land Registry Services: phone 1300 052 637

Law Society

• Strata title responsibilities
• Law Society Journal: Strata archive

This factsheet was produced with the expert assistance of Rob Yen.