Strata by-laws
Understand the strata by-laws where you live, how to change them, and what to do if there's a breach of the by-laws in your strata scheme.
Key information
- By-laws are rules that all residents living in a strata scheme must follow.
- By-laws cover things like pets, parking, noise and smoking, so make sure you understand how they affect you.
- Current and potential owners can ask for a copy of the by-laws from the owners corporation, strata manager or their real estate agent.
- Tenants should receive the by-laws from their landlord or real estate agent.
- If by-laws aren’t followed, financial penalties can be imposed by the Tribunal.
Did you know?
What is a by-law?
By-laws are rules that all residents living in your strata scheme (your building or complex) must follow. Strata by-laws make sure that everyone is safe and no one is treated unfairly.
All strata schemes have their own unique by-laws. By-laws are created by the owners corporation, which has a choice of using model by-laws, creating their own by-laws, or using a mix of both.
Common strata by-laws include rules about pets, smoking, short-term rental accommodation (like Airbnb), parking and noise.
Model by-laws are template rules created by the NSW Government. They are an easy way for owners corporations to make sure their by-laws meet legal requirements.
You can view or download the model strata by-laws from the NSW Legislation website.
Owners corporations often adopt these model by-laws, and then make changes or additions specific to their scheme.
To ensure by-laws are fair for all residents, there are restrictions on what they can and cannot include.
Strata by-laws cannot:
- conflict with existing laws, regardless of when they were made
- be harsh, unconscionable or oppressive
- stop someone from selling or leasing their lot (except in some cases of short-term rental accommodation)
- ban children
- stop someone having an assistance animal or affect the ability of that animal to perform its duty
- stop a resident from owning a pet unless the pet unreasonably interferes with other residents, for example, it is dangerous or a restricted dog
- prevent sustainability infrastructure being installed because of the external appearance of a lot or common property. This does not apply where the property is heritage listed or within a heritage conservation area.
Current owners, residents and tenants
Most people receive a copy of the by-laws when they move into a strata scheme. If you don’t have a copy, ask the strata committee secretary or strata manager. Alternately, you can purchase a copy from an NSW LRS - approved information broker.
If you are a tenant, your real estate agent or landlord must give you a copy of the by-laws before signing the rental contract.
If your strata scheme is in a mixed-use building (with other shops or offices), a management statement will set out other rules about how facilities are shared between everyone who occupies the building. Your real estate or landlord must also give you a copy of this management statement within 14 days of signing the rental contract. If you don’t have a copy, ask your agent or landlord.
If by-laws or the management statement change, you must be given a new copy within 14 days of the change starting.
Potential owners
If you’re looking to buy a strata property, you can get a copy of the scheme’s by-laws or the management statement (if there is one) by asking the seller or their real estate agent for a copy of the contract of sale. A copy of the by-laws (and management statement if applicable) must be attached to the contract.
Examples of common by-laws
Common by-laws include rules about gardens, balconies, parking and renovations. Check the by-laws within your scheme, as each is different.
By-laws about gardens often include whether they are considered common property and who must maintain them.
By-laws about balconies can include what you can put on the balcony and how it needs to be maintained.
Usually, parking by-laws state that residents must park in their allocated car spaces and visitor parking spaces are for visitors only. Learn more about parking in strata schemes.
If you want to conduct renovations, you do not normally need approval from the owners corporation for cosmetic work such as painting the walls inside your apartment, laying carpet, and installing built-in wardrobes. By-laws might apply for any larger projects. Learn more about the kinds of renovations you can do and what approval is needed.
Remember, check the by-laws within your scheme, because by-laws can vary scheme to scheme.
Breaches of strata by-laws
If you think a rule has been broken, it’s important to first double-check your scheme’s by-laws.
First, you can try to resolve the situation informally. Visit our disputes and complaints page to find out more.
If a by-law is breached, the owners corporation or strata committee can follow these steps:
Warning
The owners corporation or strata committee may have a discussion with the person about the by-law and ask for it to be followed.
Notice to comply
If the behaviour continues, the owners corporation, strata committee or strata manager can give the person a notice to comply (PDF 156.44KB).
This notice will ask them to stop the breach or risk being taken to the NSW Civil and Administrative Tribunal (the Tribunal).
This notice can be sent via post or email and needs to include the details of the by-law that was broken.
Mediation in certain circumstances
If the person continues to break the by-law, the owners corporation, strata committee or strata manager can seek an order against the person, which orders them to stop the breach. To do this, they can contact NSW Fair Trading for mediation. Mediation is a free service that helps residents, owners and owners corporations solve issues.
This step is not needed if the strata scheme wants to apply instead for a civil penalty against the person responsible for the breach.
The Tribunal
If the issue can’t be resolved by mediation, the owners corporation, strata committee or strata manager can ask the NSW Civil and Administrative Tribunal to decide whether a by-law has been breached.
If mediation has occurred, include evidence in your application to the Tribunal. Applying to the Tribunal is a legal process that can take some time to resolve. The Tribunal has the power to give orders to people and to issue a fine of up to $1,100.
If the breach continues
If the person continues to breach the by-law, the owners corporation, strata committee or strata manager can apply to the Tribunal again.
The Tribunal can give another order or issue another fine, this time up to $2,200. They can also issue a fine of up to $5,500 if a previous order has not been followed.
Write your proposal and get support
If you want to add, change or remove a strata by-law, think about what changes need to be made and why. It might help to write this down with an explanation.
It’s best to discuss your proposal with other owners to see if they agree with you and get their support.
Write the new by-law
The next step is to write the by-law. If there is no similar model by-law, it is best to hire a lawyer to help you. Incorrect or unclear wording can create legal issues.
Write a motion and explanatory note
You will need to get your suggested by-law change added to the agenda of the next general meeting. To do this, you will need to write a ‘motion’ and an ‘explanatory note’.
A motion should include your name and an explanation of what the motion is for.
An ‘explanatory note’ explains the suggested by-law and adds extra information to support your proposal. It cannot be more than 300 words long.
Submit the by-law, motion and explanatory note
After you write the by-law, motion and explanatory note, you need to send them to the secretary of the owners corporation.
You will need to do this before the secretary sends out notice of the next general meeting. Your by-law and motion will then be put on the meeting agenda for a vote.
If you don’t submit the motion and by-law in time, you must wait for the next meeting.
Vote at the meeting
At the meeting, the owners will discuss and vote on the new by-law.
The owners corporation will need to pass a ‘special resolution’ to approve the by-law, which means that no more than 25% of votes can be against the proposed by-law.
Learn more about how to run strata meetings.
Submit the consolidated by-laws to NSW Land Registry Services for registration
The owners corporation must register any change to the strata by-laws with NSW Land Registry Services (NSW LRS) within six months of approving the change. If they don’t register in time, the owners corporation will need to pass another resolution to support the by-law. Changes to by-laws are not valid or enforceable until they are registered by NSW LRS.
To register changes to the by-laws, complete a consolidation/change of by-laws form (see the form link at the top of the page) to NSW LRS. You must include a copy of the updated by-laws for the scheme.
While the strata manager or the secretary can complete the form, it must be submitted online by someone who subscribes to an Electronic Lodgement Network Operator (usually a solicitor or conveyancer).
Learn more on the NSW Land Registry Services website.
Common property is owned and used by all residents in a strata scheme. By-laws about common property usually include rules about how it can be used and who is responsible for maintaining it.
Sometimes an owner may want to create a common property by-law, for example getting the right to use a garden bed, make renovations to common property or be given exclusive access to an area.
A new common property by-law, change to a common property by-law or removal of a common property by-law needs:
- a special resolution (that is, no more than 25% of votes can be against the by-law), and
- written agreement is given by each owner to whom the by-law grants rights or special privileges. However, an owner cannot unreasonably refuse consent to change or remove a common property by-law.
The by-law must also say who will be responsible for the maintenance of the area going forward.
Steps 4 to 6 apply if a strata scheme is simply consolidating by-laws, that is there are no changes to existing by-laws including common property by-laws. Also, written agreement of the owner/s impacted by common property by-laws is not required.
Two-lot strata schemes are exempt from the requirement that a resolution be passed before a notice may be issued requiring a lot owner or occupier to comply with a by-law that has been breached.
Need more help?
Contact Fair Trading
If you have any further questions about strata, you can contact Fair Trading via phone or in-person at a Service NSW centre.
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