Under the 2026 regulations, it is incumbent on owners corporations, lot owners, strata committees and managing agents to ensure common property is safe, in working order and documented as it should be. While one finds practical rules vary from state to territory, NSW is of particular note; its strata framework is unambiguous in the duties it puts on owners corporations when it comes to the upkeep and repair of common property.
The guide that follows will set out what is expected in terms of capital works, record keeping, enforcement and any disputes over repairs. One can also expect a rundown of the 2026 reforms likely to come from NSW. We have taken care to distinguish between what is an obligation and what is merely proposed. There is no room in strata law for putting forward a guess as though it were fact.
Evelyn Marlowe has put this article together with reference to the 2026 regulatory material at hand. Any scheme would do well to verify the position with the appropriate state authority before making a move.
What is different in 2026?
Put simply, there is a greater emphasis on evidence in strata maintenance now. Owners corporations are expected to have the funding to head off predictable deterioration before it is an emergency, including coastal skyscraper exterior care, as well as good records and schedules to show where responsibility lies.
In the case of NSW, the 2026 context has some proposed amendments via the Strata Schemes Legislation Amendment (Miscellaneous) Bill 2026. But a bill does not make the law. A scheme should not alter its processes without first looking at the final text of the bill and any transitional or commencement dates.
Confirmed Duties And Proposed Changes
One must look to the Strata Schemes Management Act 2015 and the accompanying Regulation for the existing framework. They are the instruments that cover the business of running a scheme, from meetings and by-laws to the handling of funds and dispute resolution.
Proposed changes for 2026 could have an impact on how maintenance is administered and enforced, but the legal reality is a matter for the enacted legislation. Do not let a comment at a meeting or something in the media be taken as a new duty by a strata committee.
For the latest from the NSW Government there is the strata guidance. In matters of by-law or defect disputes where liability is a concern, taking legal counsel is the sensible course of action.
The importance of records
A scheme needs to be able to show what was inspected, who gave the go ahead for work and if the problem was put right. Records of this sort mean a future committee can see why expenditure was made instead of having every new volunteer begin anew.
It is better to have a report to the effect that a contractor has been engaged after photographing defects on balcony membranes than a hasty “balcony looked fine” type of note. The former leaves the owners corporation in no doubt of its position should an argument ensue.
State Rules Across Australia
You will not find a national act for strata maintenance that applies to all of Australia’s buildings. The requirements and nomenclature are left to each state and territory, as is the way a dispute is to be handled.
The principle is the same everywhere: the body in charge of the common property maintains it, the lot owner looks after what is inside his or her lot. Where that line is drawn is not always clear cut, say with external walls, windows, doors, pipes or waterproofing.
Some points of comparison
This is a rough map, not a replacement for the actual legislation. The word “strata” may be used by residents in Parramatta, Hobart or on the Gold Coast but their obligations can be quite distinct.
Common Property Is The Pivot
In the end, who is responsible for maintenance will be decided by the nature of the item, the by-laws, the law and the registered strata plan. While the manager of a scheme will put work in hand, that does not normally absolve the owners corporation of its statutory obligations.
Before putting a contractor to it, one would do well to pose three questions: is the item in question common property; does it fall under a shared service; has a lot owner put his mark on it or done damage? More often than not these are of greater import than who has the ladder to get at the problem.
NSW Reforms To Keep An Eye On
With the 2026 strata law changes in NSW still to be finalised as to their form and when they come into force, they must be regarded as an active legislative matter. Schemes would be advised to follow what NSW Fair Trading has to say and see if any new reporting duties, forms or repair procedures are now incumbent on their type of building.
For multi-storey developments this is of particular consequence given the safety and cost implications of such things as fire systems, lifts, façades, waterproofing, waste and access equipment.
Repair Orders And The Like
An owner or occupier will typically make a maintenance request of the strata manager or owners corporation. Should the issue be put aside or contested, a complaint can be taken up the tribunal or other dispute-resolution route in NSW. What remedy is available is a matter of the facts and the law.
One should therefore be circumspect with references to mandatory repair orders. There may be an order for work in certain circumstances but a complaint does not in itself warrant an immediate one. Jurisdiction, evidence, urgency and due process are all factors.
Have on file your invoices, reports, notices, photos and correspondence. A well made timeline will carry more weight with people than a folder of heated emails, though when water is coming through the ceiling a strongly worded note is excusable.
Renovations And By-Laws
Strata can put a stop to renovation plans where the by-laws or legislation permits. Whether the work is refused or restricted will turn on the nature of the project, any structural risk, noise and access issues and the approvals needed.
If an owner is minded to put in new flooring, reconfigure walls, alter plumbing or do anything to the waterproofing, the by-laws on renovations will come into play. Do not think that because you are footing the bill it is a private matter; there can be obligations around insurance, reinstatement and future repairs.
Duties Of The Owners Corporation
The onus of maintaining common property and shared services rests with the owners corporation within the confines of the strata plan and by-laws. It is a practical duty: spot the defects and make reasonable decisions to have the work done and funded in the proper way.
Let a known defect go and a small job can run up the costs. A seal gives way and you have water damage; a drain is blocked and it is a health matter; an external finish is cracked and it is a façade or safety problem.
Tiles, Grout And Balconies
Does strata have to put right the grout and tiles on a balcony? In some cases yes. You have to look at the strata plan and determine if the original builder put them in or an owner has since, and if they are common property.
Surface finishes can be a thornier issue than the structural elements of a balcony or the waterproofing membranes. Any lot owner ought to report loose tiles, ponding water or cracks without delay and not embark on major work without written sanction.
A good report will lay out the location and symptoms, the probable cause and any safety risk, backed up with photographs and a recommendation. Unless the author is qualified to opine on the legalities it should not set out to resolve responsibility.
Hanging Clothes On The Balcony
There is no Australia-wide rule as to whether one can dry clothes on a strata balcony. The by-laws of the scheme may have something to say about appearance, what is affixed to common property, safety or water running down to the balcony below.
Look at the registered by-laws before you put in screening or a permanent line and hooks. A temporary rack is not the same as a fixture but wind and the effect on neighbours and the building are worth considering.
Records, Schedules And Funds
Long term maintenance is underwritten by a capital works fund plan. In NSW that is a 10 year or 120 month exercise. It is a handy way of showing up the error of a plan which merely enumerates major assets without indicating when they will require attention; such a document is hardly a plan at all.
Build An Asset Register That Is Of Use
With per-asset tracking one can put maintenance in better order. Put on record the item and its location, condition, service interval, contractor details, warranty, funding source, last inspection and what is to be done next; note the installation date where it is a matter of record.
The assets in question could be anything from lifts, pumps and roofs to gutters, fire equipment, emergency lighting, access or waste systems, garage doors, façade and balcony membranes, stormwater infrastructure and the like. In a high-rise on the coast for instance, exterior care is not an exercise to be done once every ten years with a coat of paint but a risk-management imperative given the propensity for corrosion.
Schedules to be heeded
The building’s risks should be made into actions by way of an initial maintenance schedule (IMS). Should an IMS be put in place that is independently certified, make sure the certification is bona fide, up to date and pertains to the building under review.
A schedule is not to be mistaken for evidence of maintenance. It is only a statement of intent. The records of the building will tell you what was done, when and the outcome of any inspection.
AS1851-2012 has its place in the routine servicing of fire protection systems, yet strata compliance with AS1851 is no blanket assurance of a compliant building. One has to look at the system type, the inspection file, the contractors’ competence as well as the laws and occupancy requirements that apply.
Enforcement, penalties and deadlines
Depending on the jurisdiction and the kind of building, obligations and their deadlines are not uniform. Some pertain to annual meetings or financial plans, while others present themselves as soon as there is a repair or safety concern.
There is no substitute for a calendar to keep track of legal deadlines, insurance, contractor appointments and the like. Relying on a deadline held in someone’s head is not a system of compliance so much as a future headache in thongs.
When there is a serious breach
Be it unsafe common property, funds misused, poor record keeping or a failure of some essential service, these are matters that call for action. The fallout can be orders, rectification costs, disputes and complications with insurance, not to mention the stress on those volunteering on the committee.
Complaints regarding maintenance must be logged and evaluated. A response is in order to put on the table whether the matter is being disputed, accepted or put to an expert. To be silent is seldom neutral as the defect worsens.
A checklist for practical compliance
Suitable for a maintenance review or 2026 AGM and committee handover, this checklist is most effective if the scheme has an owner and a due date for each item.
- Make certain of the maintenance responsibilities, by-laws, insurance and the strata plan as it stands.
- Put the capital works fund plan through a review and factor in inflation, labour, access and any pressing risk to the costings.
- Have qualified contractors go over the lifts, pumps, fire and emergency systems.
- Do a walk-through of the common property: the plant rooms, corridors, garages, façades, balconies and roofs.
- Keep your per-asset tracking current with respect to defects, warranties, reports and repairs.
- Every complaint, invoice, approval and decision should be recorded along with follow-up inspections.
- See if any renovation applications run counter to by-laws or have an impact on structure, services or waterproofing.
- Before major works or a special levy is sanctioned, have your questions ready for the AGM.
- And check with NSW Fair Trading or the state authority of the day for reform dates and the proper forms.
Committee review in a day
For a committee with a single day to put its house in order, concentrate on the things that matter: active leaks, items with a history of failure, fire compliance, balcony defects and any other system critical to safety. A morning is best put in to reviewing documents, then one can inspect the high-risk zones in the daylight and put some owners and due dates to any outstanding actions before calling it a day.
Such an approach will do for a basic governance reset, but do not mistake it for a building inspection. You will need qualified professionals to put your finger on structural movement, electrical or fire-system defects and the like. And since plant rooms, roofs and service areas are off limits without the proper access, have your keys, permits and contractor supervision in order.
Expectation Versus Reality
It is easy to assume a sizeable sinking or capital works fund has the building in good shape. In reality the plan may be out of date, the costs unfeasible or there are major assets left out of account and the fund is wanting.
Or that the strata manager is answerable for all repairs. More often than not the duty lies with the owners corporation; the manager is simply doing what is delegated by way of administration.
And while a quick patch might seem to fix a balcony leak, water has a way of going through the membranes and slab edges so the source is not where you see it.
Common Questions About Strata
One finds these questions are behind many a repair being put off. The surest answers are to be had from the legislation, the strata plan and by-laws, the evidence and how the building actually stands.
What Are The Major NSW Changes?
The 2026 context puts the Strata Schemes Legislation Amendment (Miscellaneous) Bill 2026 centre stage. But until the bill is made law and the details of its commencement are certain, regard it as a proposed reform and nothing more. Do not alter reporting or repair procedures without checking with official NSW sources.
Who Is To Fix Balcony Grout And Tiles?
That is a matter for the strata plan and the legislation, as well as the original build and any subsequent alterations and where the defect is. Put in a report to the owners corporation and get a professional to look at it if necessary. Unauthorised repairs can have implications for liability and waterproofing.
Hanging Clothes On The Balcony?
You may, but the scheme’s by-laws should be consulted first. There can be restrictions on permanent fixtures, anything the wind can pick up, dripping water or visible washing, as well as attachments to common property. Even a portable rack has to be in keeping with safety and nuisance rules.
Can Strata Put A Stop To My Renovation?
They can put conditions on or deny work that needs approval and has an impact on the structure, appearance, noise, services or common property. Make sure to have written approval and abide by the renovation by-laws.
AS1851 Rules For Every Scheme?
Do not think AS1851-2012 is a free pass to say a building is compliant. Have the fire contractor tell you the legal basis and standard for the inspection, for it will hinge on the system in place and the building requirements.
Maintenance Should Be Boring And On Record
There is no drama in a sound strata maintenance system. What you want is a plan that is up to date and a sensible fund, inspections you can rely on and approvals and records that will stand up to scrutiny from a new committee.
The order of business for 2026 is to sort out the known defects before they turn into an expensive emergency, and to make the distinction between what is enacted and what is merely proposed. A building does not have to have perfect paperwork, just honest records and people who will call a mozzie a mozzie and make the right call in time.