NSW Strata Maintenance Obligations

The core duty: Section 106

Under Section 106(1) of the Strata Schemes Management Act 2015 (SSMA), the Owners Corporation must properly maintain and keep common property in a "state of good and serviceable repair."

Section 106(2) goes further — the OC must renew or replace fixtures and fittings on common property when they can no longer be kept in good repair. This isn't optional — it's a strict legal duty.

Required inspections

Fire safety (Annual — mandatory)

An Annual Fire Safety Statement (AFSS) must be certified and lodged with your local council and Fire and Rescue NSW every 12 months. Section 123 of the SSMA also grants the OC power to access private lots to carry out mandatory fire safety inspections.

Asbestos (Every 5 years minimum)

Buildings constructed before 2003 that engage contractors must maintain an Asbestos Register and Management Plan under WHS regulations. This must be reviewed at least every 5 years, or immediately if asbestos is disturbed.

Electrical and plumbing (Recommended annually)

While not strictly bound to a statutory annual frequency like fire safety, the OC's Section 106 obligations and WHS Duty of Care mean routine inspections of switchboards, emergency lighting, and plumbing/drainage are practically required to avoid negligence claims.

Window safety devices (Section 118)

OCs must ensure compliant window safety devices are installed on applicable above-ground windows, requiring periodic checks to maintain compliance.

The 2025 reforms — what changed

The Strata Schemes Legislation Amendment Act 2025 introduced major changes that every committee needs to understand:

6-year liability window

Previously, lot owners had 2 years to sue an OC for failing to maintain common property. This limitation period has been extended to 6 years — massively increasing the risk of deferred maintenance.

Urgent defect repairs (Section 106(4))

The legislation now requires that urgent repairs to common property defects — such as concrete spalling or severe roof leaks — must be undertaken immediately if they pose a safety or access risk, even if the OC is in a dispute with the developer.

Fair Trading enforcement powers

NSW Fair Trading now has world-first enforcement powers to issue binding compliance notices, demand documents, and impose fines directly on OCs that neglect maintenance. They can also publicly name non-compliant buildings — which can affect property valuations.

Capital Works Fund (Section 80)

The OC must establish a Capital Works Fund and prepare a 10-Year Capital Works Fund Plan detailing anticipated major expenses (painting, roof replacement, balustrade upgrades, etc.). This plan must be reviewed at least every 5 years.

At each AGM, the OC must raise contributions from owners based on the plan's estimates. Failing to raise sufficient funds is a breach of the Act.

Self-managed vs. professionally managed

In the eyes of the law, there is no difference in obligations. The strict duties under Section 106 and Section 80 rest entirely on the Owners Corporation — regardless of whether you have a professional strata manager.

A strata manager handles administrative coordination, but if they fail to arrange a repair, the OC is ultimately the entity held liable in NCAT or court.

What this means for your committee

Proactive maintenance isn't just good practice — it's legal protection. With the extended 6-year liability window and new Fair Trading enforcement powers, committees that defer maintenance face significant financial and reputational risk.

A structured maintenance approach — regular inspections, a live maintenance register, and timely contractor coordination — demonstrates due diligence and protects your committee.

Disclaimer: This guide provides general information about NSW strata legislation. It is not legal advice. For specific legal questions, consult a strata lawyer.