The 1 April 2026 Strata Law Changes you need to know about

Hi everyone. It’s Allison here from Thoughts from a Strata Lawyer.

I am talking today about the changes that are going to be coming in as of the 1st of April 2026. This is the changes or the next tranche of changes that were enacted with the Strata Schemes Legislation Amendment Bill or Act, I should say, 2025. There are three big changes coming in that we need to be aware of.

The first is mostly for our conveyances out there: there’s going to be a new Strata Information Certificate. Commonly they’re known as Section 184 Certificates so that’s what you as a Strata Manager may be calling them. Typically they’re requested by potential buyers as a part of the sales process for a lot of the Strata Schemes because they provide a lot of financial information. They are now going to provide a lot more information. If you are looking at buying a lot in a Strata Scheme, looking at selling a lot in a Strata Scheme, or are in a Strata Management Firm, please go and keep your eye out on the Strata page for NSW Government because the prescribed form is going to be available hopefully very soon, certainly before the 1st of April 2026 when it’s going to be required. It’s going to have additional information. As I’ve said the key parts or the key new additional information is all around embedded networks and the services that they provide. When I’m thinking about embedded networks, think about networks to supply electricity, hot water, gas, telecommunication services. Make sure that the appropriate form is being used.

 Next change: there are going to be stricter controls on the initial maintenance schemes, initial maintenance schedules, and proposed budgets for multi-storey schemes. That starts off with a new definition that is going to come into effect of a multi-storey scheme. In brief they are schemes that have at least one building with more than two storeys above the ground level and where at least part of one lot in the building is located above part of another lot. It also has a definition of an independent surveyor, which includes professional memberships. The independent surveyor has to have a professional membership and not be connected with the original owner. Those two definitions are the basis upon which the initial maintenance schedules are based.

 Developers from 1 April (also known as original owners in the Act) that develop multi-storey schemes have to convene the first Annual General Meeting. That is not new; they have to do that when the scheme’s initial period has expired.

From 1 April 2026, what is new is that additional information is required to be produced 14 days prior to the first AGM. That is under section 16, subsection 1. The New Information is evidence that there has been an initial maintenance schedule and it is in a prescribed form so there is a new form for it together with evidence that the original owner’s estimates of contributions to the admin fund and the Capital Works Fund meet the scheme’s anticipated expenses for the year. Both documents have to be reviewed and certified by the independent surveyor. Really big changes and they are aimed at making original owners much more accountable.

 Our final big change is an update of our Capital Works Fund plans. There is a prescribed form. It is currently available so please have a look again at the New South Wales strata site.

 Essentially, from 1 April 2026, when a scheme reviews or updates their existing capital works fund plan or enters into a new one, then they have to use the prescribed form. If the scheme wants to create its own 10-year capital works fund plan, then there’s a new template that’s available. It’s going to assist you. If you don’t want to pay for a plan, you can have a look at that on the New South Wales strata hub. If you’re going to update your capital works fund plan or put in place a new capital works fund plan, you have to use the new capital works fund plan, the prescribed form of it. Just make sure that you’re compliant.

 I think it’s a good idea if you are getting to the stage where your capital works fund plan is outdated or is going to be outdated in a couple of years, then it’s a good idea to start updating it and reviewing it now. That you’re in compliance before you need to be in compliance with your capital works fund plans. You don’t need to replace your existing plans but I just think because we’ve had so many costs going up and up and up, it’s a really good idea to review it and then to make sure that your capital works fund plan is in the required form from 1 April 2026. It’s a really good way to make sure that your scheme is actually going to be saving the money it needs in the future to do the maintenance work.

 There are still changes that are outstanding under the Amendment Act 2025, with no yet schedule for when those changes are going to come into effect. Those two changes were:

– Training for our executive committees

– The disclosure of embedded networks in off-the-plan contracts

 Still waiting on word on when they’re going to come out but the three big changes that I mentioned are all coming into place on the 1st of April 2026.

I hope this helps everybody and I’ll speak to you soon. Thank you, bye.

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