Strata Maintenance Obligations in NSW: A Guide for Owners and Managers
If you own a strata property in NSW or serve on an owners corporation committee, you have legal obligations around maintaining common property. These obligations are not optional suggestions — they are enforceable requirements under NSW strata legislation that carry real consequences when they are not met.
This guide explains what strata maintenance involves, who is responsible for what, and how to approach common area maintenance in a way that keeps your building compliant and your property values protected.
What Does Strata Maintenance Cover?
In a strata scheme, the building is divided into individual lots (apartments, units, or commercial spaces) and common property. Common property is everything that is not part of an individual lot — and maintaining it is the collective responsibility of all lot owners, managed through the owners corporation.
Common property typically includes:
- Structural elements: Roofs, external walls, foundations, load-bearing walls
- Shared internal spaces: Lobbies, hallways, stairwells, lifts
- External areas: Car parks, driveways, gardens, fencing, pathways
- Building systems: Fire safety systems, plumbing risers, electrical switchboards, intercom systems
- Amenities: Pools, gyms, BBQ areas, rooftop terraces (where they exist)
Essentially, if it is not inside the four walls of an individual lot, there is a good chance it falls under common property maintenance obligations.
Legal Obligations Under NSW Strata Law
The Strata Schemes Management Act 2015 (NSW) sets out the owners corporation's duty to maintain and repair common property. The key obligations include:
Duty to Maintain and Repair
The owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation. This is an ongoing obligation, not something that only applies when a problem becomes serious.
Capital Works Fund Planning
Owners corporations are required to prepare a ten-year capital works fund plan that estimates the major maintenance, repair, and replacement costs the building will face over the next decade. This plan must be reviewed regularly and updated as conditions change.
The purpose of the capital works fund is to ensure that money is set aside progressively for major items — roof replacements, lift refurbishments, waterproofing, painting — rather than hitting owners with large special levies when something fails.
Essential Services Compliance
Buildings must comply with essential services requirements, including fire safety systems, emergency lighting, exit signage, and related installations. These systems require regular inspection, testing, and maintenance by qualified professionals, and the results must be documented and available for audit.
Annual Fire Safety Statements
Owners corporations with fire safety measures are required to submit an Annual Fire Safety Statement to the local council and the NSW Fire and Rescue Commissioner, confirming that all fire safety measures have been inspected and are in working order.
Who Is Responsible for What?
Understanding the boundary between lot owner responsibilities and owners corporation responsibilities is one of the most common sources of confusion — and disputes — in strata.
Owners Corporation Responsibilities
The owners corporation (through the strata committee and strata manager) is responsible for:
- All common property maintenance and repair
- Building insurance for the structure
- Essential services compliance
- Capital works fund planning and management
- Engaging contractors for common property work
Individual Lot Owner Responsibilities
Lot owners are generally responsible for:
- Maintaining and repairing everything inside their lot
- Their own contents insurance
- Reporting damage or defects that affect common property
- Contributing to levies that fund common property maintenance
The Grey Areas
Some items fall into a grey area — for example, balconies, internal water pipes, and windows can sometimes be classified differently depending on the specific strata plan and any by-laws in place. When disputes arise about who is responsible for a particular repair, the strata plan and the by-laws are the first place to look. If that does not resolve it, NSW Civil and Administrative Tribunal (NCAT) can make determinations.
Common Maintenance Areas That Get Overlooked
In practice, some areas of strata maintenance receive less attention than they should. These are the items that often lead to expensive reactive repairs because they were not addressed through preventive maintenance:
- Gutters and drainage: Blocked gutters cause water damage to walls, ceilings, and foundations. Regular cleaning is inexpensive; water damage repair is not.
- Waterproofing and sealants: Balconies, wet areas, and roof membranes degrade over time. Inspecting and maintaining waterproofing before leaks develop saves significant money.
- Painting and external coatings: External paint is not just cosmetic — it protects the building fabric from weather damage. Most buildings need a full external repaint on a cyclical basis.
- Car park surfaces: Concrete car parks develop cracks, coating failures, and drainage issues that worsen quickly if not maintained.
- Lift maintenance: Lifts require regular servicing to remain safe and operational. Deferred lift maintenance leads to breakdowns, safety risks, and expensive emergency repairs.
- Garden and landscaping: Overgrown gardens, damaged irrigation, and neglected green spaces affect both property values and resident satisfaction.
Choosing a Maintenance Provider for Strata
When selecting a maintenance provider for your strata property, consider these factors:
- Strata experience: Strata maintenance is different from general property maintenance. Your provider needs to understand the dynamics of working in shared environments — resident communication, committee approvals, access logistics, and compliance documentation.
- All-trades capability: A provider who can handle multiple maintenance disciplines (cleaning, gardening, plumbing, electrical, painting, general repairs) reduces the coordination burden on your strata manager.
- Compliance awareness: Your provider should understand the compliance framework and be able to incorporate essential services inspections and other regulatory requirements into their maintenance programme.
- Transparent reporting: Strata committees need clear, documented reports they can present at meetings and AGMs. Your provider should deliver reporting in a format that is useful for strata governance.
- Insurance and licensing: Ensure your provider carries appropriate insurance and holds any required licences for the work they will be performing.
Taking a Proactive Approach
The buildings that maintain their value and keep their residents happy are the ones that take a proactive approach to maintenance rather than waiting for things to break. A structured maintenance programme, aligned with the capital works fund plan, catches small problems before they become large ones and spreads costs over time in a predictable way.
If you are a strata manager, committee member, or lot owner looking for a reliable partner to help manage your building's maintenance needs, our strata maintenance team works with strata schemes across Sydney and NSW. We also provide broader property maintenance services for buildings that need comprehensive care beyond the strata-specific scope.


