Strata by-laws to check before you buy in NSW

Strata by-laws are the rules of a NSW apartment building, and they bind you from the day you buy. Before you sign, check the by-laws for the four things that most often catch buyers out: pets, renovations, short-term letting and parking. Also check for special by-laws for the unit you're buying, because they can give you extra space and make you responsible for maintaining it.

Where to find the by-laws

The by-laws are registered with the strata plan, and newer ones are added at general meetings. A strata report usually includes them, or you can ask the strata manager for the consolidated by-laws (all of them in one document). Read the minutes too: a by-law proposed but not yet passed can still affect you. Our guide to reviewing a strata report covers the rest of the records.

Pets

Since 2021, a NSW by-law can't unreasonably stop you keeping an animal in your lot. Blanket pet bans no longer work. Keeping a pet is treated as reasonable unless it interferes with other people's use of their lot or the common property, for example persistent noise, odour, damage, or an animal that attacks or chases people.

Many buildings still ask you to apply for approval or register a pet. Check what the by-laws say, and whether any approval has conditions such as keeping the animal on a lead in common areas.

Renovations

NSW strata law sorts renovations into three types:

• Cosmetic work such as painting, carpet, blinds and built-in wardrobes needs no approval, as long as it doesn't touch structure, waterproofing or the outside look.
• Minor work such as a new kitchen, hard floors, a split-system air conditioner or a non-structural internal wall needs approval by ordinary resolution of the owners. If a by-law lets the strata committee approve it, the committee can decide instead.
• Major work such as structural changes, a full bathroom with new waterproofing or changes to the outside needs a special resolution at a general meeting, and usually a by-law if common property is involved.

If you plan to renovate, read the renovation by-law. It often sets working hours, insurance, flooring and noise rules. Floorboards in an upstairs apartment are a common source of disputes.

Short-term letting

If you want to rent the apartment on a short-stay platform, check the by-laws first. Since 2021, an owners corporation can pass a by-law, by special resolution, that bans short-term rental accommodation in a lot that isn't the host's principal place of residence. Planning rules and the state register for short-term rentals also apply.

Parking, storage and common property

By-laws often control parking, visitor spaces, bikes, storage cages, balconies and what can be stored or hung outside. Check that any car space or storage you expect is part of your lot or covered by an exclusive use by-law, and isn't just "always been used" by the seller.

Special by-laws for your unit

A special by-law can give one lot exclusive use of common property (a courtyard, roof terrace or car space) or approve past work in that lot. These usually come with obligations. The owner of the lot may have to maintain and repair the area, insure against damage it causes, and pay if the owners corporation has to step in. When you buy, those obligations become yours.

Ask the strata manager for every special by-law that names your lot, and read who pays for what.

Questions

Can the by-laws change after I buy?

Yes. Owners can add or change by-laws at a general meeting, usually by special resolution. Reading recent minutes shows what's being proposed.

What happens if I break a by-law?

The owners corporation can give a notice to comply, and if that doesn't work, apply to the NSW Civil and Administrative Tribunal (NCAT), which can impose a penalty.

Are the model by-laws the same in every building?

No. Some buildings use model by-laws from the regulation, others write their own, and older buildings may have very old by-laws. Always read the ones registered for that building.

Do by-laws apply to tenants?

Yes. Tenants and other occupants must follow the by-laws, and owners must give tenants a copy.

Keep reading

• How much does a strata report cost in NSW?
• Is a low capital works fund a red flag?
• Should you buy an apartment with a special levy?
• Can ChatGPT review a strata report?

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