April 2026
Hello clients, friends, and industry colleagues,
Welcome to the April 2026 edition of STRATA INSITE from Bugden Allen.
In this edition of STRATA INSITE, we take a closer look at the latest legal and regulatory developments impacting the strata sector, with a particular focus on NSW reforms and practical issues affecting Queensland, Victorian and Western Australian schemes. These changes bring both new obligations and opportunities, and staying ahead of them is key to avoiding risk and making confident decisions.
If we can assist with anything arising from this newsletter—or if you would like us to present any of these topics in more detail—please get in touch.
FEATURED ARTICLE
💡 NSW Strata Commissions Review: What the Productivity Commission's Final Report Means for the Industry
The NSW Productivity and Equality Commission has released its final report on strata manager commissions — and it signals real change is coming.
The report finds commission-based remuneration creates conflicts of interest and points toward a shift to fee-for-service models, with potential net benefits exceeding $300 million over 15 years.
With nearly half of Sydney’s housing set to be strata within that timeframe, the implications are significant for owners, managers, and developers alike.
The article explores the four reform options, what’s already changed, and what this means in practice.
NSW Updates
💡 NSW Strata regulatory updates: 5 Key Changes
Staying on top of strata law changes in NSW has never been more important. From new fire safety obligations and mandatory digital tools to a landmark review of strata commissions, these updates directly affect owners corporations, strata committees, and managing agents alike.
Whether you manage a single scheme or a large portfolio, understanding your obligations is key to protecting your community and avoiding costly penalties.
💡 New training requirement for strata committees
From late 2026, strata committee members elected at their Annual General Meeting (AGM) must complete mandatory training. The aim is to ensure committees have the knowledge and confidence to manage their strata scheme effectively.
What the training includes:
- Free 1‑hour online module on the nsw.gov.au/strata website, to be completed within three months of appointment at the AGM.
- A second 1‑hour session delivered by approved training providers, to be completed before the next AGM.
💡 NSW Strata Information Certificates: Key Changes from 1 April 2026
From 1 April 2026, there is a new prescribed form of strata information certificate (Section 184 Certificate), which are typically obtained by prospective purchasers when buying into a strata scheme.
The changes introduce new disclosure requirements around exclusive supply networks (also known as embedded networks). These are privately owned systems that supply utilities such as electricity, gas, water, and internet to multiple lots within a development. Certificates must now outline the existence of these networks and the nature of the services they provide.
Additional information must also be included in certificates, namely:
- Details of any orders or compliance action taken against the owners corporation, including actions relating to repair and maintenance of common property; and
- Information about meetings held outside the past year, as well as any upcoming meetings.
These updates are intended to improve transparency for buyers and provide a clearer picture of the operational and regulatory status of a strata scheme.
The new strata information certificate is available on the NSW Fair Trading website.
💡 NSW capital works fund plans and initial maintenance schedule changes: 1 April 2026
Two important changes to NSW strata law take effect on 1 April 2026. Developers and owners corporations should ensure they are prepared well in advance:
- New form of capital works fund plan
Owners corporations reviewing or replacing a 10-year capital works fund plan on or after 1 April 2026 must use the new standard form. The form is already available via this link. - Initial Maintenance Schedule - strengthened accountability for developers of new schemes
From 1 April 2026, all initial maintenance schedules must be prepared using a new standard form for any scheme holding its first AGM on or after that date. The form is available via this link.
Developers of multi-storey schemes face additional obligations. An independent surveyor must review and certify both the initial maintenance schedule and the initial levy estimates, confirming they meet expected expenditure for the year following the first AGM. Evidence of compliance must be provided to the owners corporation at least 14 days before the first AGM.
Compliance with these requirements is not optional. Substantial penalties apply where an original owner fails to meet these obligations.
💡 NSW Cooling-Off Notice Update
The 2026 edition of the Contract for the Sale and Purchase of Land introduces a revised cooling-off notice following recent legislative amendments.
Key dates:
- Until 31 May 2026: old or new notice may be used
- From 1 June 2026: new notice required
The 2022 contract edition was withdrawn on 13 March 2026.
Unexchanged contracts, including off-the-plan, should be reviewed to ensure compliance ahead of the 1 June deadline.
QLD Updates
💡 Conduct of general meetings in Queensland – dealing with business outside of the meeting agenda
General meetings can quickly become challenging, especially when contentious issues arise.
In this article, our Senior Associate in Brisbane, Anna Park, breaks down how chairs and committees can lawfully and effectively manage meetings under the BCCM Act, including handling general business, ruling motions out of order, procedural motions, questions from the floor and the role of the strata manager. A practical guide for anyone involved in Queensland body corporate governance.
💡 Home Warranty Insurance and community titles schemes
Home Warranty Insurance in Queensland isn’t as broad as many assume.
Eligibility depends on building height, the type of residential construction work, strict statutory timeframes, and whether the contractor actually paid the QBCC premium.
Our latest article breaks down:
- When the QHWS applies (and when it doesn’t)
- The real claim limits for common property defects
- The deadlines that catch schemes out
If you manage, advise, or sit on a committee for a community titles scheme, this is essential reading.
💡 Administrator’s Costs – How to Make the Responsible Party Pay
When a body corporate falls into dysfunction, the costs of administration can escalate quickly. Under the Body Corporate and Community Management Act 1997, the body corporate must foot the bill. But what happens when those costs were caused entirely by one problematic lot owner, leaving innocent owners facing thousands of dollars in levies they did nothing to deserve?
A recent Magistrates Court decision has provided a powerful answer. In Kleinschmidt v Body Corporate for the Bantry CTS 2184 & Anor [2025] QMC 33, section 314 of the BCCM Act was successfully used to ensure that administration costs are borne by those responsible, not those who simply happened to share a scheme with them.
💡 The Legend of Atlantis – Management Rights Agreements can only be topped up once.
A recent QCAT Appeal decision confirms that, provided statutory requirements are met, bodies corporate may approve multiple renewal options over time.
In Stevens v Body Corporate for Atlantis West CTS 8790, the Tribunal firmly rejected the long-circulating theory that management rights must expire after 15 or 30 years. In this article, Queensland Partner Michael Kleinschmidt explains the Atlantis West outcome and what it means for bodies corporate and lot owners.
💡 Engaging a Contractor in Queensland: what to check before you sign
One of the most common issues clients bring to us is trouble with a contractor who was unlicensed, uninsured, or simply dishonest. By the time we’re involved, the damage is usually already done.
In this article, Anna Park sets out the practical steps consumers and body corporate committees should take before signing a contract: from checking QBCC licences and deposits to ensuring the contract is properly executed.
💡 Meet Queensland’s new planning authority for apartments… your neighbours.
A recent decision in Macrossan House [2026] QBCCMCmr 73 confirms bodies corporate can refuse consent for a development application even before final plans or approval conditions are known. This creates an extra hurdle for redevelopment in community titles schemes, potentially stopping projects before they reach council assessment.
💡 New Online Resources from the Commissioner's Office
The Commissioner for Body Corporate and Community Management has launched a new online training module and self-resolution forms, available now on their website. The training module provides practical guidance on resolving disputes internally, helping to avoid escalation to formal proceedings.
Three new forms are available:
BCCM Form 36 – Request a decision from the body corporate or committee.
BCCM Form 37a – Communicate with an owner or occupier about a suspected breach and outline your preferred resolution.
BCCM Form 37b – Raise concerns with the body corporate about breaches, suggest solutions, and invite their response.
VIC Updates
💡Latent Defect Insurance: A Longer-Term Safety Net
Latent Defect Insurance (LDI) is gaining attention as Victoria looks for long-term solutions to building defects and declining confidence in apartment construction.
Unlike the Developer Bond Scheme, LDI provides up to 10 years of no-fault insurance cover for serious structural issues; shifting the focus from short-term fixes to lifecycle protection.
With independent technical inspections embedded throughout construction, LDI also plays a proactive role in improving build quality.
Written by Partner Julia Moroz and Paralegal James Cooper this article explores how LDI works, why it matters, and how it compares to existing protections.
💡The Developer Bond Scheme: A New Safety Net for Apartment Buyers
The introduction of the Developer Bond Scheme (DBS) marks a significant shift in how building defects are managed in Victoria.
By requiring developers to lodge a 2% bond before occupancy, the scheme creates a financial safety net for apartment buyers hereby ensuring funds are available to address defects identified in the early years of a building’s life.
While this improves accountability and buyer confidence, it also introduces new financial and operational pressures for developers, and it’s not a complete solution for long-term structural risks.
💡When VCAT Isn’t an Option: The Interstate Respondent Problem
A claim that looks perfectly suited for VCAT can quickly unravel when one key detail is overlooked: the location of the respondent.
In this article, Partner Julia Moroz and Solicitor Brodie Dyer explore how interstate parties can shift a matter into federal jurisdiction, making VCAT unavailable and requiring proceedings to be issued in the Magistrates’ Court instead.
WA Updates
💡Recovery of costs in SAT proceedings – hourly rates for self-represented parties?
Can a self-represented party recover their own time in SAT proceedings?
In Godwin v Keet [2025] WASAT 93 (S), the State Administrative Tribunal confirmed it has power under section 87 of the SAT Act 2004 (WA) to award compensation for a self-represented party’s loss of time.
💡Conflicts of interest – council members of strata companies in Western Australia
In Western Australia, strata council members must disclose conflicts of interest and step away from voting where those conflicts arise. Section 137 of the Strata Titles Act 1985 (WA) makes this obligation explicit, helping ensure decisions are made in the best interests of the strata company.
In this article, Senior Associate Jonathan O’Connor breaks down what constitutes a disclosable interest, how the rules apply in practice, and why failing to comply can put decisions at risk.
Q&A'S
QLD: How can we stop our caretaker from restricting our short term guests’ accessing common facilities? Read more.
Got a question you would like answered and published here?
TEAM UPDATES
✨ Announcements
Late last year, we announced the appointment of two
new partners at the firm - Carolyn Meighan who runs our Perth office, and Julia Moroz who is head of our Victorian practice.
Carolyn and Julia are exceptional lawyers who have each played a key role in strengthening our Perth and Melbourne practices, and in supporting the continued national growth of our firm. Read the announcement
✨ New team members
We are excited to welcome the following new team members that have joined the growing Bugden Allen family:
- Michael Skolarikis - Solicitor, Melbourne
- Ricky Matharu- Law Graduate, Melbourne
- James Cooper- Law Graduate, Melbourne
✨ Career opportunities
We are currently recruiting for an experienced Solicitor or Associate in our Sydney and Perth teams. For more information, please contact us via the Careers page on our website or email info@bagl.com.au.
📱 Get in Touch
If you have any questions in relation to this newsletter, or you would like to know more, please do not hesitate to contact a member of our team, visit our web site or contact us via email at: info@bagl.com.au
- Sydney 02 9199 1055
- Melbourne 03 8582 8100
- Brisbane 07 3905 9260
- Sunshine Coast 07 5406 1280
- Perth 08 9254 6304
Disclaimer: Nothing in this newsletter is intended to be legal advice. You should seek legal advice tailored to your property's specific circumstances. The information in this newsletter and on our web site are of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
