The Building Commission NSW has announced a delay in the implementation of planned fire safety reforms. Originally scheduled for February 2025, these reforms will now be rolled out in 2026 and 2027.

New regulations will significantly impact owners corporations, owners, strata managers, developers, and fire safety professionals. These changes, stemming from the Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Fire Safety) Regulation 2022, aim to bolster fire safety standards and increase accountability.

What’s Changing?

The biggest shift involves aligning AFSS inspections with Australian Standard 1851-2012. This means:

• Increased Inspection Frequency: Seven critical fire safety measures now require monthly servicing, a significant jump from previous requirements.
• Stricter Record-Keeping: Detailed records of all inspections, including any missed servicing, must be kept onsite for at least seven years. These records must be readily available for inspection by authorities.
• Zero Tolerance for Non-Compliance: Failure to adhere to these new rules can result in hefty fines of up to $66,000 per incident.

The Impact on Your Owners Corporation

These changes translate to:

• Increased Costs: Expect a rise in maintenance costs due to more frequent inspections and potential repairs.
• Heightened Risk: The potential for costly fines adds a significant layer of risk for your Owners Corporation.
• Increased Administrative Burden: Maintaining comprehensive records and ensuring compliance with the new regulations will require careful planning and diligent record-keeping.

What Can Owners Corporation Plan Ahead for?

• Avoid the Rush: Schedule inspections and engage qualified fire safety practitioners early to avoid last-minute delays and potential penalties.
• Budget Accordingly: Factor in the increased costs of inspections and potential repairs into your financial planning.
• Review Existing Records: Gather all necessary fire safety records and ensure they are readily available for inspection.
• Consult with Experts: Seek guidance from strata compliance experts who can provide tailored advice on navigating these new regulations.
• Fire Safety By-laws: Reduce your risk and consult JS Mueller & Co Strata Lawyers to ensure your fire safety by-laws are current

New Key Dates and Changes

These new AFSS requirements are a significant shift. By proactively addressing these changes, your Owners Corporation can ensure compliance, mitigate risks, and protect the safety and value of your property.

For more information including the new key dates and changes scheduled for 2026 and 2027 visit NSW Government

Strata, Mitigate your Risk…

It is critical that you prepare and ensure you are across the new  regulations, new key dates and in preparation your fire safety by-laws are up to date.

DOES YOUR FIRE SAFETY BY-LAW NEED UPDATING? CLICK HERE NOW…

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist

The Strata Hub is getting a major upgrade this December, with a raft of new features designed to streamline workflow and improve efficiency for strata managers and owners.

What Can You Expect from the Strata Hub Updates?

The new key features include:

• Transfer feature: This handy new tool will streamline the process of transferring strata records to a new managing agent.
• Vacant positions: Keep track of strata committee vacancies with the new vacant positions feature.
• Library of key resources: Strata Hub will now house a comprehensive library of essential resources, all in one place.
• Public strata search: Find the information quickly and easily with the new public strata search function.
• Streamlined scheme reporting: This allows strata managers to pull accurate and up-to-date data and reporting directly for schemes managed.
• Data validation: Ensure the accuracy of strata data with the new data validation tools.

These new features have been designed to make Strata Hub a more efficient, effective, and valuable resource for strata managers and owners.

Further details and training resources will be available in the coming weeks.

For more information visit NSW Government Strata Hub

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

As of 1 November 2024, pet ownership in community schemes has undergone significant changes.

The new legislation focuses on preventing unreasonable interference. This means that while pets are allowed, their presence must not negatively impact the lives of other residents.

What Constitutes Unreasonable Interference?

Unreasonable interference refers to situations where a pet’s behaviour consistently disturbs or endangers others. This could include:

• Noise: Constant barking, howling, or other loud noises that disrupt the peace and quiet of other residents.
• Aggression: Repeatedly chasing, attacking, or threatening other residents or animals.
• Damage: Consistently damaging common property or the property of other residents.
• Health Risks: Spreading diseases or infestations.
• Nuisance: Causing unpleasant odours or other nuisances in common areas.

Specific Circumstances for Refusal

In addition to the general concept of unreasonable interference, the following specific circumstances may lead to a community scheme refusing a resident’s pet:

• Nuisance Orders: If a pet, particularly a cat or dog, has been subject to a nuisance order.
• Dangerous or Menacing Dogs: Dogs classified as dangerous or menacing under relevant legislation.
• Restricted Breeds: Dogs belonging to breeds restricted by the Companion Animals Act 1998.

More Information

For further information on the updated regulations and how to manage pets in a community scheme, please refer to the following resources:

Fair Trading NSW: Link to Fair Trading NSW website on pets in strata schemes

DOES YOUR PET BY-LAW NEED TO BE UPDATE? – CLICK HERE NOW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

A Second Phase of Reform

New South Wales is gearing up for significant changes in strata law, as the second phase of recommendations from the statutory review is set to be implemented. The proposed changes, introduced to the NSW Parliament on 20 November, 2024, aim to address a range of issues affecting strata communities across the state.

Key Proposed Changes

While specific details may vary, the proposed changes are expected to cover a broad spectrum of areas, including:

Accountability for Developers

• Enhanced Developer Responsibility: Developers will be held more accountable for the accuracy of initial maintenance schedules and levy estimates provided for new strata developments.

Improved Strata Management

• Stricter Oversight: Increased oversight of strata management agreements to ensure transparency and fairness.
• Building Manager Duty: Introduction of a statutory duty on building managers to uphold specific obligations.

Protecting Owners’ Rights

• Fair Contract Terms: Safeguarding owners corporations from unfair contract terms in standard form contracts.
• Stronger Committee Governance: Imposing new duties on strata committee members to improve governance and decision-making.
• Common Property Maintenance: Reinforcing owners corporations’ obligations to maintain and repair common property.
• Enforcement Powers: Granting NSW Fair Trading additional powers to enforce common property maintenance obligations.

Sustainability and Accessibility

• Sustainability Focus: Encouraging sustainable practices by requiring owners corporations to consider sustainability in annual general meetings and levy estimates.
• Embedded Network Protections: Enhancing protections for owners and owners corporations regarding embedded networks.
• Accessibility Improvements: Facilitating the installation of support infrastructure for owners with additional needs.

 Other Enhancements

• Clarity and Efficiency: Implementing various changes to streamline strata law processes and improve clarity.
• Financial Hardship Support: Providing assistance to owners facing financial difficulties.

Impact on Strata Owners and Committees

These proposed changes are likely to have a significant impact on both strata owners and committees. Strata owners can expect increased protection and greater involvement in decision-making processes. Strata committees, on the other hand, may face additional responsibilities and regulatory requirements.

What’s Next?

As the proposed changes progress through the legislative process, it’s crucial for strata managers, strata owners and committees to stay informed. By understanding the implications of these reforms, you can better prepare for the future and ensure the smooth functioning of your strata communities.

More Information

For more information and insights on the proposed strata law changes visit NSW Government changes to strata laws

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

It’s the Gold Coasts crumbly ‘faulty tower’ with almost 1,000 building defects. Building experts have described the building as life threatening.

Only seven years old and the apartment block may have to be demolished. Literally sick of living with leaks, rust and mould the long-suffering strata residents of the Silverstone apartment complex are taking ASX-listed property developer Villa World, seeking $20 million in damages.

View the full strata mould article here Silverstone Apartment Defects

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.