The Department of Fair Trading has now released the final regulations, all 49 pages of which can be viewed in pdf format by clicking here.
The Department of Fair Trading has now released the final regulations, all 49 pages of which can be viewed in pdf format by clicking here.
At Premium Strata, we have been preparing for the changes to the NSW Strata Laws, which will come into effect on 30 November 2016. To help you absorb the key changes, we have written this to-the-point pocket guide to the legislative changes. Hit this link for the full article!
The NSW Government has released draft regulations to support the once in a generation strata reform passed by the NSW Parliament on 27 October 2015. The Strata Schemes Management Regulation 2016 and the Strata Schemes Development Regulation 2016 support the new Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015 which are…
The team at Bannermans Lawyers have written this article summarising the requirements and rights of tenants in strata titled buildings: A lot owner is required to lodge a tenancy notice with the owners corporation/managing agent if it leases the lot, as is the lessee if the lessee subleases. The owners corporation/managing agent must record that information in…
On 23 February 2016, the Governance Institute of Australia hosts an information evening on the changes in Strata law. It covers important knowledge on current and future strata law; how the changes will impact you, explain strategies for dealing with the challenges of being in an Owners Corporation, go through what you can and can’t do with respect to your…
Allison Benson from Kerin Benson Lawyers has written a great article on how the size of your strata scheme influences legal requirements the Act sets for your Strata Scheme. Obviously, the larger the scheme the more lots there are to help in paying for the administration, maintenance and upkeep of the property. However, in addition there are…
The recent reform of NSW strata laws generated some media interest in smoking in strata buildings. This is because the NSW Government said that the new strata laws would make clear that smoking and secondhand smoke exposure could constitute a nuisance that could be outlawed. So, what can be done about smoking in strata buildings? Can smoking be…
We have written about the Strata Law reforms before, however our friends at Clinch Long Letherbarrow Lawyers have written a great article on the NSW Strata Law Reforms that we wanted to share with you. The article summarises the key changes the new laws are expected to bring. These include: By-laws – under the new…
The NSW State Government is introducing strata law reforms to protect buyers of off-the-plan strata apartments against developers who rescind their contracts and reselling near completed properties for inflated prices. These are commonly known as ‘sunset clawbacks’. There have been occasions where developers exploited loopholes in existing laws intended to protect consumers. The existing contracts allow developers, legally,…
As part of its update of various strata laws, the NSW Government is proposing a 2 per cent defects bond on all new strata buildings, as a way to protect owners and to guarantee that building defects which might appear in the first two years, can be re-mediated. This new measure is expected to be…
In a win for mixed use strata schemes, the NSW Government’s amendments to the Smoke-free Environment Act 2000 (NSW) mean that smoking is now banned in all commercial outdoor eating areas; and within a place that is within within 4 metres of a public building that contain a restaurant or a venue with a liquor license….
Home warranty insurance generally protects an owners corporation from being out of pocket for the cost to repair building defects where the builder has been made bankrupt. In other words, home warranty insurance is intended to allow an owners corporation to be indemnified by the insurer for any loss it suffers as a result of incomplete…
The state government is going ahead with its strata law reform. This article covers some of the proposed changes. The draft Strata Schemes Management and Strata Schemes Development Bills, available on fairtrading.nsw.gov.au, will be open for feedback until 12 August. Final bills will be introduced to Parliament later this year.
Representatives of strata managers (SCA-NSW), the Real Estate Institute, strata owners (Owners Corporation Network) and developers (Urban Taskforce and Property Council of Australia) have met with the new NSW Fair Trading Minister Victor Dominello. The proposed reforms that were originally due to come into force in July last year, have now been delayed again. It is likely…
Building owners will be familiar with the legal requirement to lodge a fire safety statement with the local council and fire brigade every year. The process usually involves a fire services contractor attending the building, inspecting and testing fire safety measures and certifying they are compliant or recommending work to make them compliant, and once…
Legislative changes were to come into effect from 29 April 2015 requiring swimming pool compliance certificates to be annexed to contracts before such a property could be sold or leased. Pool owners will now be granted a 12-month extension to make sure they have a valid compliance certificate, meaning they now have until 29 April 2016. For…
The NSW Department of Fair Trading announced that the NSW Home Building Amendment Act and Regulations will commence in two stages. Most changes commence on 15 January 2015. Further amendments concerning contract requirements will commence on 1 March 2015. For details on which changes are implemented, and when these will be implemented, please hit this link from the DFT.
The Minister for Fair Trading this morning announced that the Home Building Amendment Act 2014 is now expected to commence in mid-January 2015. Up until today it was expected to commence on 1 December 2014. For more details please click here for a full news release by our friends at Kerin Benson Lawyers. This is where…
You may be aware of the imminent changes to NSW Strata Legislation. As of 1 December 2014 the new strata laws will come into effect. Especially owners in buildings between 2 and 6 years old with building defect issues are recommended to speak to a strata lawyer quickly. The new laws will apply retrospectively, and will…
You may be aware that the NSW Government is proposing sweeping changes to the existing Strata Laws. The State Government has now released a so-called position-paper in which they outline their proposed changes. This law reform is aimed at protecting residents and at the same time simplify certain processes. This becomes increasingly important in NSW…