Expert Strata Lawyers in Sydney
At Eleven Legal, our experienced strata lawyers in Sydney provide clear, practical guidance on all aspects of strata law. Whether you’re planning renovations, challenging a by-law, or dealing with a dispute, we’ll help you protect your legal rights and secure the best possible outcome.
Living in a strata scheme comes with unique legal challenges, including navigating complex strata by-laws, securing renovation approvals, and resolving disputes with the owners’ corporation. If you need legal advice on strata matters, having an experienced strata lawyer by your side is essential.
What do Strata Lawyers Do?
Strata lawyers specialise in providing legal advice and representation to property owners and tenants in strata schemes. Their role includes:
Drafting and reviewing strata by-laws
Resolving disputes with the owners’ corporation
Advising on renovation approvals and compliance
Representing clients at the NSW Civil and Administrative Tribunal (NCAT)
Challenging unfair or oppressive by-laws
Our strata lawyers in Sydney have a deep understanding of NSW strata laws and can help you navigate any legal challenges with confidence.
Understanding Strata By-Laws
Strata by-laws are the rules that regulate how property owners and tenants can use and manage common property within a strata scheme. They cover issues such as:
- Noise restrictions
- Use of shared facilities
- Parking regulations
- Pet ownership
- Renovation guidelines
Since strata by-laws vary between schemes, it’s essential to understand the specific rules that apply to your property. Our strata lawyers will help you clarify your rights and responsibilities.
Renovations and Strata Approval
Planning to renovate your strata property? You may need approval from the strata committee or owners’ corporation. The type of approval required depends on whether the proposed changes are classified as minor works or major works.
Minor works usually include cosmetic or small-scale changes, such as:
- Installing or replacing flooring
- Replacing wiring or cabling
- Installing ceiling insulation
Minor works typically require written approval from the owners’ corporation but do not need a by-law amendment.
Major works involve structural changes or modifications that could affect the building’s integrity or common property. Examples include:
- Waterproofing
- Moving internal walls
- Changing the structure of common property
Major works generally require the creation of a new by-law, which must be approved by the owners’ corporation and formally registered. Our strata lawyers will assist you with the drafting, approval, and registration process.
Challenging Strata By-Laws
If a strata by-law is unfair or unreasonable, you have the right to challenge it. Under Section 139 of the Strata Schemes Management Act, a by-law cannot be:
- Harsh
- Unconscionable
- Oppressive
Grounds for Challening a By-Law
You may be able to challenge a by-law if it:
- Restricts your use of the property unfairly
- Targets specific owners or residents
- Imposes unreasonable financial or legal burdens
The NSW Civil and Administrative Tribunal (NCAT) can hear disputes over unfair or invalid by-laws and order amendments or removal if necessary. Our strata lawyers will represent you in the tribunal and protect your legal rights.
Resolving Strata Disputes
Disputes are common in strata schemes, but they don’t have to escalate into legal battles. Our strata lawyers in Sydney specialise in resolving disputes through mediation and negotiation.
Common Strata Disputes Include
- Noise complaints
- Unauthorised renovations
- Disagreements over common property use
- Breach of by-laws
- Pet ownership conflicts
Our team will work with you to find a practical solution. If necessary, we’ll represent you in the tribunal to secure a fair outcome.
Strata Titles and Ownership Rights
When you purchase a property within a strata scheme, you hold a strata title. This title gives you ownership rights over your individual lot (e.g., an apartment) and shared rights over common property (e.g., hallways, gardens, and pools).
