The arrival of a new financial year brings two distinct waves of renovation requests across every strata scheme:

1. Investors and Landlords: Pushing for upgrades to maximise their tax deductions before the end of financial year and getting ready for new financial year.
2. Owner-Occupiers: Looking to refresh their living spaces for the year ahead.

For strata managers and committee members, balancing these requests quickly while keeping the building compliant is a high-wire act. Especially as we navigate the progressive change of reform under current NSW strata laws. Without a formally registered Renovation By-law, both types of owners face severe hidden risks that can derail their property goals.

The Risk for Investors: Tax & Insurance Vulnerability

Enthusiastic landlords frequently rush into property updates without realising that generic committee permissions do not offer true legal security.

• The Insurance Trap: If a new hard flooring installation or layout modification causes issues down the track, building insurers often deny coverage if the work isn’t backed by a registered, official by-law.
• The Sale Block: When an investor decides to sell, an astute buyer’s strata search will flag undocumented work. Without a registered by-law attached to the lot’s title, the sale can easily stall or fall through completely.

The Risk for Owner-Occupiers: Liability & Compliance Exposure

While owner-occupiers are generally upgrading for lifestyle rather than tax benefits, they face a different kind of legal exposure under the current rules.

• The Maintenance Liability: By default, the owners corporation is responsible for common property. If an owner updates a bathroom or kitchen and accidentally affects common property structure or waterproofing, they can be held personally liable for thousands in structural repairs.
• The Strict Turnaround Rule: For minor renovations, committees face tight legislative turnaround times for approvals. Mismanaging this process can lead to unauthorised works, building disputes, and costly NCAT litigation.

What if the work is already done without a by-law?

If an owner renovated in the past without formal approval, it is not too late to rectify the situation. A retrospective renovation by-law can be put in place to fix the paperwork, regularise the works, and protect the property’s title before it sparks a dispute or ruins a future sale.

Need a Compliant Renovation By-Law FAST?

At JS Mueller & Co Strata Lawyers, we specialise in robust, plain-English renovation and retrospective by-laws that clarify exactly who is responsible for what. We guarantee compliant by-laws tailored to the current 2026 laws fast!

CLICK HERE FOR A COMPLIANT RENOVATION BY-LAW FAST

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

Need Expert Strata Law Advice?

Whether you are navigating a complex dispute or looking to protect your scheme, our specialist NSW and Sydney strata lawyers are here to help. We provide clear, practical advice on all aspects of strata law, including by-laws, building defects, and levy collections. Call our team on 02 9562 1266 or email us here today.

With the significant shifts in NSW strata laws that took effect on April 1, 2026, we recently put together a comprehensive presentation from 2025 to 2026 to help simplify what these changes actually mean for you.

Rather than letting these new rules feel like a burden, we want to share the key takeaways from our session to help your committee stay ahead of the curve and keep your building running smoothly.

1. Financial Clarity with 10-Year Plans

The introduction of a mandatory standard form for Capital Works Fund plans is one of the most practical changes we’ve seen.

• This isn’t just about compliance; it’s about making sure every owner regardless of their background see clearly how their home is being protected for the future. It removes the guesswork of strata finance and replaces it with transparency.

2. Supporting New Communities

For those in multi-storey developments, the law now requires independent certification of maintenance schedules and levy estimates before the first AGM.

• This is a win for fairness. By ensuring that initial costs are realistic and independently verified, we can help prevent the levy bill shock that often causes friction in new schemes. It’s about building trust from the very first day.

3. A Pathway to Modern Living

The 2026 reforms make it significantly easier for schemes to approve sustainability infrastructure (like EV charging) and disability accessibility upgrades.

• We’ve noticed that many existing by-laws are now out of step with these new ‘reasonableness’ requirements. We’re helping our clients refresh their documents to make sure they enable these positive improvements while still protecting the collective interests of all owners.

4. Transparency in Utility Supply

If your building uses an embedded network for power or data, this must now be clearly disclosed on Section 184 Certificates.

• No one likes an unexpected surprise when buying into a building. Clear disclosure at the start ensures a smoother sales process and reinforces a culture of honesty within the scheme.

Presentation: 2025-2026 Strata Reforms

We want to make sure your committee has the right tools to navigate these changes with confidence. So we’re sharing our recent presentation, making insights and materials available to our broader strata community.

Our team is here to help you translate these new laws into practical strategies for your building.

Future Proofing You and Your Strata Scheme

Every strata scheme is unique, and these reforms may affect your building in ways a general presentation can’t cover.

If you have questions about how these changes impact your specific by-laws or levy structures, our specialist strata legal team is here to help you navigate the new reforms.

Click Here for Help with the New Strata Reforms

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, disputes, 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 April 2026 reforms are now in full swing, property managers are facing a tighter deadline than ever. Landlords are pushing for renovations to maximise their tax position for the new financial year, but the legal ‘red tape’ has become more complex.

Renovation By-laws in 2026

Under the new 3-month deemed approval rules, mismanaging a renovation request can lead to litigation or unauthorised works that void the landlord’s insurance.

The 2026 classification check before a landlord’s request for works is approved, ensure they are being advised on the correct legal path. Standard letters of permission are no longer enough for high-risk areas:

• Minor Renovations such as floorboards, kitchen cabinetry: These now require a strict 3-month turnaround for approval. A formal record is essential to protect the landlord’s asset value.
• Major Renovations like waterproofing, bathroom re-configurations, structural changes: These must have a registered common property rights by-law. Without it, the landlord may be personally liable for any future building leaks – even years after they sell the property.

Why generic by-laws are a risk? In the 2026 regulatory environment, NCAT is increasingly strict regarding the ‘Initial Maintenance Schedule.’ If a renovation by-law isn’t drafted specifically for the work, the owners corporation can legally block the landlord from starting, causing expensive delays and missed tax opportunities.

Does your landlord need a renovation by-law FAST?

We specialise in plain English renovation by-laws that clarify exactly who is responsible for what, ensuring compliant by-laws in line with the new 2026 laws.

NEED A COMPLIANT RENOVATION BY-LAW FAST? 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, disputes, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

What Are Unit Entitlements and Why Do They Matter?

The unit entitlements of the lots in a strata building determine the amount of levies that are payable by owners and the owners’ interests in the common property. The unit entitlements are meant to reflect the market values of the lots at the time the strata plan for the building was registered. Occasionally they do not. In those circumstances, does the owners corporation of the building owe a duty to owners to change the unit entitlements? A recent NCAT case provides the answer to that question.

NCAT Decision: No Duty to Change Unit Entitlements

In Sydney Gold Bullion Exchange Pty Ltd v The Owners – Strata Plan 34794 [2026] NSWCATAP 75, NCAT’s Appeal Panel upheld an earlier decision of NCAT in finding that an owners corporation does not owe a duty to change the unit entitlements of the lots in the building. This is the case even where the owners corporation had previously passed resolutions to change the unit entitlements or some of them.

The Appeal Panel confirmed that there is nothing in the Strata Schemes Management Act 2015 or the general law that requires an owners corporation to apply to NCAT for an order to change the unit entitlement and that would be the case even if the owners corporation considers that the unit entitlements are wrong. This is partly because individual owners are entitled to apply to NCAT for an order to change the unit entitlements themselves.

No Duty of Care and No Right to Compensation

It is also because there is no recognised duty of care at law that requires an owners corporation to take reasonable steps to ensure that the unit entitlements of the lots in its building are correct and to reallocate those unit entitlements if they are wrong.

The Appeal Panel also concluded that this meant that an owner was not entitled to be awarded compensation against the owners corporation owing to the owners corporation’s failure to change the unit entitlements or apply to NCAT for an order that would have that effect. So this means that an owner who claims that he or she has overpaid levies due to excessive unit entitlements cannot recover the overpayments from the owners corporation on the basis that the owners corporation did nothing to change the unit entitlements.

Key Takeaway

The Gold Bullion case confirms that even where the unit entitlements of lots in a strata building are wrong, the owners corporation of the building does not owe a duty to the owners to apply to NCAT to change the unit entitlements and cannot be held liable in damages to owners for failing to do so. The Gold Bullion case followed the earlier decision of the Appeal Panel in Trentelman v The Owners – Strata Plan 76700 [2021] NSWCATAP 222.

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, disputes, 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 February 2026, the New South Wales Government has fully implemented a landmark safety and certification framework for e-micromobility products.

These regulations—targeting e-bikes, e-scooters, e-skateboards, and hoverboards—are designed to combat the rising number of strata building fires (and house fires) caused by substandard lithium-ion batteries.

For residents and committees in strata schemes, these changes mark a critical turning point in how shared living spaces manage the risks associated with e-mobility devices.

The New Rules: Testing, Tagging and Certification

The transition to these standards began in early 2025, but the 1 February 2026 deadline marks the official commencement of strict enforcement.

• Mandatory Certification: All e-micromobility devices and their standalone lithium-ion batteries sold in NSW must now be tested by an accredited lab and receive a Certificate of Approval.
• Safety Marking: Compliant products must display a valid electrical safety approval mark (a certification number) on the device or battery.
• Information Standard: Since late 2025, retailers have been required to provide consumers with clear safety information at the point of sale, covering safe charging, storage, and disposal.

Note for Buyers: It is now illegal for retailers to sell uncertified e-micromobility products in NSW. Penalties for corporations breaching these standards can reach up to $825,000.

Why This Matters for Strata Communities

Strata schemes are uniquely vulnerable to lithium-ion battery fires due to high-density living and shared charging infrastructure. The 2026 requirements provide a clear benchmark for owners corporations to manage safety:

• By-Law Enforcement: Many strata schemes are now introducing by-laws that mandate only certified and marked devices be stored or charged on common property.
• Second-Hand Risks: The new laws apply to second-hand sales. Strata residents should be wary of purchasing used e-bikes that do not feature the required safety markings, as these may be older, non-compliant models.
• Insurance Compliance: Ensuring that residents only use certified devices can be a key factor in maintaining valid building insurance and potentially mitigating rising premiums.

Safe Practices for Residents

Even with Certified Products Fire and Rescue NSW (FRNSW) recommends the following ‘gold rules’ for e-microbility safety:

1. Never charge unattended: Do not leave devices charging overnight or while you are away from home.
2. Use compatible chargers: Only use the charger supplied with the device or a certified replacement recommended by the manufacturer.
3. Charge in safe zones: Avoid charging near exits or on flammable surfaces like carpet or beds.
4. Monitor for ‘Thermal Runaway’: If a battery is swelling, leaking, or emitting a strange smell, stop using it immediately and move it outdoors if safe to do so.

Official NSW Government Resources

For the full list of certified products, detailed technical standards, and the official Information standard template, visit the NSW Government’s dedicated portal New safety standards for lithium-ion batteries in e-mobility devices now.

Mitigating Fire Risks and Protecting Residents

Protect your scheme from lithium-ion risks. E-bikes and e-scooters are convenient, but improper charging poses a significant fire hazard to high-density buildings. Don’t wait for an incident to occur. Contact our specialist strata legal team today to draft a robust by-law that regulates the storage and charging of micro-mobility devices, ensuring your building remains a safe place to live.

New Government E-bike Rules: Reduce Your Fire Risk Today Request an EV By-law

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, disputes, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.