In 2026, the smart home is no longer a luxury – it is the standard. From video doorbells and smart locks to digital peepholes, lot owners have more tools than ever to secure their front doors.

However, as technology advances, so does the legal friction between a resident’s right to security and a neighbour’s right to privacy.

With NSW courts and tribunals taking an increasingly strict view on surveillance in high-density living, the line between personal security and unlawful surveillance has never been thinner.

The Rise of Incidental Recording

The Surveillance Devices Act 2007 (NSW) is clear: it is generally an offence to install or use an optical surveillance device to record a private activity without consent. While a lot owner may believe they are simply protecting their lot, the reality is that smart doorbells and locks often capture much more.

In 2026, we are seeing a shift in how these cases are adjudicated. Recent rulings suggest that courts are less likely to accept incidental recording as a valid excuse. If a camera, even a doorbell, captures the movement of a neighbour entering their own lot or records private conversations in a common hallway, it may be deemed a breach of privacy.

The trend is moving toward prioritising the collective privacy of the scheme over the individual lot owner’s desire for outward-facing surveillance.

The Common Property Surveillance Trap

A common misconception is that a lot owner can install a camera on the external side of their front door without permission. In most strata schemes, the external leaf of the front door and the hallway beyond it are common property.

Installing a device on common property without an authorised by-law is not just a privacy issue it is a breach of the Strata Schemes Management Act. Without a formal agreement, the owners corporation can often order the immediate removal of such devices at the owner’s expense.

Why a Proactive By-law is Essential

To avoid residents pointing cameras into each other’s lots or monitoring common areas unchecked, a specific, well-drafted by-law is the only solution.

Without a by-law to regulate the installation and use of CCTV and smart devices:

• Chaos prevails: Residents may install devices that infringe on the peace and enjoyment of others.
• Liability increases: The owners corporation could be drawn into expensive NCAT disputes between feuding neighbours.
• Data remains unregulated: There are no rules on who sees the footage, how long it is kept, or how it is secured.

Protect Your Scheme with a Legally Compliant By-law?

Our legal strata team specialises in drafting comprehensive by-laws that balance modern security needs with strict privacy compliance. A custom CCTV by-law ensures that:

1. Installation is controlled: Devices must meet specific criteria regarding field of view.
2. Privacy is protected: Cameras cannot spy into other lots.
3. Harmony is maintained: Clear rules prevent disputes before they reach the courtroom.

Ensure your scheme is protected by a legally robust framework tailored for the technology of 2026. To discuss a custom by-law for your building. We provide plain-English legal advice to help owners corporations and strata managers navigate the complexities of NSW strata law.