The recent changes to the NSW strata laws are significant and require proactive steps from all strata schemes to ensure their by-laws remain compliant with the strata legislation. This guide from JS Mueller & Co Strata Lawyers provides a checklist to help your owners corporations navigate the new requirements for by-laws, which commenced on 1 July 2025.

Key By-law Changes You Must Review

Many existing by-laws may now be invalid or unenforceable due to the new laws. It’s crucial to ensure you have reviewed and updated them to reflect the current legislative landscape.

• Sustainability Infrastructure: By-laws that ban sustainability infrastructure based solely on appearance are now invalid, unless the building is heritage-listed or in a heritage conservation area. Schemes must review and amend any by-laws that unreasonably restrict or ban the installation of items like solar panels or EV chargers.
• Minor Renovations: The process for approving minor renovations has been streamlined. If a strata committee receives a request and fails to make a decision or provide written reasons for refusal within three months, the renovation is automatically approved. Ensure your by-laws and internal processes align with this new requirement by amending any generic or blanket renovations by-laws to ensure that where strata committees have been delegated power to approve minor renovations, those committees are required to make decisions and give reasons for those decisions within the 3 month timeframe. It’s also vital and now compulsory to keep a record of any approved minor renovations for at least 10 years.
• Assistance Animals: The new laws simplify the process for residents with assistance animals, requiring only one verifiable form of evidence that an animal is an assistance animal if requested. Review your pets by-laws to ensure they don’t impose unreasonable requirements that contradict this.
• Accessibility Upgrades: The process for making common property more accessible has been made easier. By-laws or resolutions to approve accessibility upgrades (such as ramps or lifts) can now be approved with a simple majority vote, rather than a special resolution. Generic or blanket renovations by-laws should be updated to reflect this.
• Uncollected Goods: The new laws also provide clarity on how to deal with abandoned goods. owners corporations now have expanded powers to take action to remove goods left on a lot, not just common property, under certain conditions. This means by-laws can be updated to reflect this power, provided the owners corporation reasonably believes the goods have been abandoned.
• Common Property Upgrades: When a special resolution is passed to change common property, there is a new requirement. The special resolution must now explicitly state who is responsible for the ongoing maintenance, repair, and replacement of the common property after the change has been made. Previously this requirement was optional.

Your By-law Compliance Checklist

Use this checklist to guide your scheme through the review and update process.

• [ ] Review all by-laws for any that prohibit or unreasonably restrict sustainability infrastructure.
• [ ] Check by-laws for minor renovations to ensure they reflect the three-month response timeframe.
• [ ] Verify that your by-laws on animals align with the new, simplified evidence requirements for assistance animals.
• [ ] Ensure by-laws for accessibility upgrades do not require a special resolution.
• [ ] Update by-laws on uncollected goods to reflect the Owners Corporation’s expanded powers.
• [ ] For any special resolution passed to change common property, confirm that it explicitly addresses maintenance responsibilities.
• [ ] Consult with a strata lawyer to review the existing by-laws or draft new by-laws to ensure they are legally sound and enforceable.

Important Deadlines for Your Scheme

Outdated by-laws that directly contradict the new legislation are now simply invalid and unenforceable as of July 1, 2025. This applies immediately to by-laws concerning minor renovations, sustainability infrastructure and assistance animals.

While there isn’t a requirement in the legislation for an owners corporation to again review its by-laws, the best practice is to review the by-laws again to assess the impact these changes to the strata laws have on the by-laws as soon as possible. Otherwise, the Owners Corporation may find that its hands are tied and it has inadvertently approved a minor renovation or cannot enforce an invalid by-law that prohibits EV chargers or solar panels, which could lead to disputes and legal challenges.

How JS Mueller & Co Strata Lawyers Can Assist You

Navigating these new laws can be challenging. Our specialist strata lawyers can provide expert legal advice and assistance in:

• Reviewing and updating your strata by-laws.
• Registering your updated and new by-laws with NSW Land Registry Services (LRS).
• Advising on the interpretation and application of the new legislation.
• Assisting with dispute resolution related to the new laws.
• Providing tailored training for your staff or strata committee.

By following this by-law guide, your strata scheme can ensure it is compliant and well-prepared for the future.

If you have any specific questions or require legal assistance in implementing these recommendations, please do not hesitate to contact our specialist strata law team. We are here to help you navigate this new era of strata law.