Strata Schemes Management Amendment (Information) Regulation 2021

New South Wales

Strata Schemes Management Amendment

(Information) Regulation 2021

under the

Strata Schemes Management Act 2015

Published LW 17 December 2021 (2021 No 773)

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Strata Schemes Management Act 2015.

KEVIN ANDERSON, MP

Minister for Better Regulation and Innovation

Explanatory note

The objects of this Regulation are—

(a) to require the owners corporation for a strata scheme—

(i) to give information to the Secretary, and

(ii) to notify the Secretary if the information changes or is incorrect in a material particular, and

(b) to prescribe the following—

(i) the types of information that must be given,

(ii) how and when the information, and notice of changes to the information, must be given,

(iii) the fee payable to the Secretary for administration relating to the information,

(iv) restrictions on the Secretary disclosing the information,

(v) offences for failing to comply with certain requirements to give information.

Strata Schemes Management Amendment (Information)

Regulation 2021

under the

Strata Schemes Management Act 2015

Page 2

Strata Schemes Management Amendment (Information) Regulation 2021 [NSW]

Published LW 17 December 2021 (2021 No 773)

1 Name of Regulation

This Regulation is the Strata Schemes Management Amendment (Information)

Regulation 2021.

2 Commencement

This Regulation commences on 30 June 2022 and is required to be published on the

NSW legislation website.

Page 3

Strata Schemes Management Amendment (Information) Regulation 2021 [NSW]

Schedule 1 Amendment of Strata Schemes Management Regulation 2016

Published LW 17 December 2021 (2021 No 773)

Schedule 1 Amendment of Strata Schemes Management

Regulation 2016

[1] Part 7, Division 1, heading

Insert before clause 41—

Division 1 Records

[2] Part 7, Division 2

Insert after clause 42—

Division 2 Information—the Act, s 271(2)(o) and (2A)

43 Owners corporations to give information annually

(1) The owners corporation for a strata scheme must give the information

specified in clause 43A about the strata scheme to the Secretary in the

approved form—

(a) for the first time—

(i) if the first annual general meeting of the owners corporation is

held on or before 30 June 2022—by 30 September 2022, or

(ii) otherwise—within 3 months after the first annual general

meeting of the owners corporation, and

(b) for each subsequent calendar year—within 3 months after the annual

general meeting of the owners corporation.

Maximum penalty—50 penalty units.

(2) When giving the information, the owners corporation must pay the Secretary

the fee, set out in Schedule 4, for administration relating to the information.

43A Information required for purposes of clause 43

(1) For the purposes of clause 43, the following information is specified—

(a) the strata plan number of the strata scheme,

(b) the date of registration of the strata plan for the strata scheme,

registration and the number of the community plan, within the meaning

of the Community Land Management Act 2021,

(d) if the strata scheme is part of a precinct scheme—the date of registration

and the number of the precinct plan, within the meaning of the

Community Land Management Act 2021,

(e) the address of the parcel of the strata scheme,

(f) the total number of lots in the strata scheme,

(g) the number of lots in the strata scheme used for the following

purposes—

(i) residential purposes,

(ii) the purposes of a retirement village,

(iii) commercial purposes,

(iv) the purposes of a utility lot,

(v) other purposes,

Page 4

Strata Schemes Management Amendment (Information) Regulation 2021 [NSW]

Schedule 1 Amendment of Strata Schemes Management Regulation 2016

Published LW 17 December 2021 (2021 No 773)

(h) if a building of the strata scheme has a NABERS rating—the rating,

(i) if an interim or final occupation certificate has been issued under the

Environmental Planning and Assessment Act 1979 for a building of the

strata scheme—the date the certificate was issued,

(j) if an annual fire safety statement has been issued under the

Environmental Planning and Assessment Act 1979 for a building of the

strata scheme—the date the most recent statement was issued,

(k) for a class 2 building, within the meaning of the Building Code of

Australia, of the strata scheme—the number of storeys above ground

level in the building,

(l) if the owners corporation is required to insure a building, or part of a

building, of the strata scheme under the Act, section 160—the

replacement value of the building, or the part of the building, as—

(i) specified in the damage policy for the building, or

(ii) determined by the Tribunal under the Act, section 162(3),

(m) the following details of the secretary of the owners corporation—

(i) full name,

(ii) telephone number,

(iii) email address,

(n) the following details of the chairperson of the owners corporation—

(i) full name,

(ii) telephone number,

(iii) email address,

(o) if there is a strata managing agent appointed for the strata scheme—the

following details of the agent—

(i) full name,

(ii) telephone number,

(iii) email address,

(iv) the number of the agent’s licence under the Property and Stock

Agents Act 2002,

(p) if there is a building manager appointed for the strata scheme—the

following details of the manager—

(i) full name,

(ii) telephone number,

(iii) email address,

(q) the following details of the emergency contact person for the strata

scheme—

(i) full name,

(ii) telephone number,

(iii) email address,

(iv) the person’s connection to the strata scheme,

Examples of connections to strata scheme— The person may be

the secretary, chairperson or another officer of the owners corporation

for the scheme, the strata managing agent for the scheme, the building

manager for the scheme or the owner or occupier of a lot in the scheme.

(r) the date of the most recent annual general meeting of the owners

corporation,

Page 5

Strata Schemes Management Amendment (Information) Regulation 2021 [NSW]

Schedule 1 Amendment of Strata Schemes Management Regulation 2016

Published LW 17 December 2021 (2021 No 773)

(s) if the owners corporation is required to establish a capital works fund

under the Act, section 75—the balance of the fund, as specified in the

most recent financial statements,

(t) whether a strata renewal committee is currently established under the

Strata Schemes Development Act 2015 in relation to the strata scheme

and, if so, the date the committee was established.

(2) In this clause—

emergency contact person means a person who is nominated by the owners

corporation, with the person’s consent, as a contact for the strata scheme if

there is an emergency.

NABERS rating of a building means a star rating for the environmental

performance of the building, issued by the National Australian Built

Environment Rating System under the Building Energy Efficiency Disclosure

Act 2010 of the Commonwealth.

replacement value of a building or part of a building means the cost of

rebuilding or replacing the building or part of the building in accordance with

the Act, section 161(1)(b).

43B Owners corporations to correct information given

(1) The owners corporation for a strata scheme must notify the Secretary if

information given under clause 43—

(a) was incorrect in a material particular when the information was given,

(b) for information specified in clause 43A(1)(m)–(q) or (t)—changes

before the next annual general meeting of the owners corporation.

(2) The notification must be—

(a) in the approved form, and

(b) made within 28 days after either of the following persons becomes

aware of a circumstance mentioned in subclause (1)—

(i) the secretary of the owners corporation,

(ii) if there is a strata managing agent for the strata scheme—the

agent.

Maximum penalty (subclause (2))—20 penalty units.

43C Disclosure of information by Secretary

(1) The Secretary may publicly disclose the information specified in clause

43A(1)(a)–(g), (k) or (r) about a strata scheme.

(2) The Secretary may disclose to the following persons the information specified

in clause 43A(1)(j), (m)–(p) or (t) about a strata scheme—

(a) a person required to be named on the strata roll for the strata scheme

under the Act, section 178,

(b) the secretary of the owners corporation,

(d) if there is a building manager for the strata scheme—the manager.

(3) The Secretary may disclose to the following bodies the information specified

in clause 43A(1)(j), (m), (o) or (q) about a strata scheme—

(a) Fire and Rescue NSW,

(b) the local council for the land on which the strata scheme is situated.

Page 6

Strata Schemes Management Amendment (Information) Regulation 2021 [NSW]

Schedule 1 Amendment of Strata Schemes Management Regulation 2016

Published LW 17 December 2021 (2021 No 773)

(4) The Secretary may disclose to the following bodies the information specified

in clause 43A(1)(q) about a strata scheme—

(a) NSW State Emergency Service,

(b) Ambulance Service of New South Wales,

[3] Clause 64 Fees

Insert “and this Regulation” after “Act”.

[4] Schedule 4 Fees

Insert after item 1A—

[5] Schedule 5 Penalty notice offences

Insert in appropriate order under the heading “Offences under this Regulation”—

1B For administration relating to information

given under this Regulation, clause 43

$3 per lot in the strata scheme

Clause 43(1) $220

Clause 43B(2) $220