Strata Legislation in Australia: The Laws That Govern Your Scheme
Understand the state-based laws that guide strata schemes, owners corporations and bodies corporate across NSW, QLD, VIC and ACT.
What is strata legislation
Strata legislation is the state or territory law that governs how shared property schemes are created, owned, managed and administered.
It sets the legal framework for how owners corporations and bodies corporate operate, including governance, administration, compliance obligations and ongoing scheme management.
This guide focuses on NSW, QLD, VIC and ACT, where terminology and legislation differ. While each jurisdiction has its own rules, the purpose is consistent: to provide a clear structure for managing shared property.
What strata legislation covers?
While each state and territory has its own requirements, strata legislation usually covers the key rules, responsibilities and processes needed to manage a scheme.
- scheme establishment, governance and ongoing management
- committee appointments and decision-making
- meetings, voting procedures and notices
- budgets, levies and financial records
- repairs, maintenance and common property responsibilities
- insurance and building compliance
- scheme records, certificates and disclosures
- disputes, mediation and enforcement pathways
- the role of agents appointed to manage the scheme
The goal is to help shared property communities operate with structure, transparency and confidence.
Other legislation and statutory compliance
Owners corporations and bodies corporate may also need to comply with other applicable laws and regulations, depending on the property, location and circumstances.
These can include building and development laws, fire safety requirements, work health and safety obligations, privacy legislation and other compliance requirements outside the strata legislation itself.
Strata legislation by state
Strata legislation is state and territory based, so the right Act, terminology and dispute pathway depend on where the property is located. An owners corporation in NSW, Victoria or the ACT, and a body corporate in Queensland, each operate under a different legal framework with different rules, processes and obligations. Terminology also changes between states. NSW and Queensland refer to by-laws, while Victoria and the ACT refer to rules for requirements that guide how people use lots, common property and shared spaces.
Recent reforms and regulatory updates should be checked through the relevant state or territory authority, as changes can affect scheme governance, financial management, maintenance responsibilities, records, disclosures and dispute processes.
NSW: Strata Schemes Management Act 2015
The Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015 provide the core legal framework for NSW strata schemes, together with regulations made under those Acts.
Together, they cover scheme establishment, common property, owners corporation governance, committee duties, meeting procedures, financial management, records, repairs, by-laws, strata information certificates and dispute pathways.
As NSW strata laws continue to evolve, committees should check official updates about changes that may affect how their scheme is governed, funded, maintained or managed.
Official source: Strata Schemes Management Act 2015. NSW Legislation
Queensland: Body Corporate and Community Management Act 1997
Queensland uses body corporate terminology. The Body Corporate and Community Management Act 1997, commonly referred to as the BCCM Act, works alongside regulation modules including the Standard, Accommodation, Commercial and Small Schemes modules, depending on the nature of the scheme. Some older schemes, including certain layered schemes, may still be governed by the Building Units and Group Titles Act 1980 (BUGTA).
These rules govern committee decision-making, financial administration, by-laws, common property and dispute resolution. The Office of the Commissioner for Body Corporate and Community Management plays a central role in the dispute pathway and owners are generally expected to attempt self-resolution before lodging a formal application where appropriate.
Official source: Body Corporate and Community Management Act 1997, Queensland Legislation
Victoria: Owners Corporations Act 2006
In Victoria, the legal entity responsible for managing common property is called an owners corporation. The Owners Corporations Act 2006 governs decision-making, common property management, records, fees, dispute pathways and owners corporation rules. Model rules also apply where an owners corporation has not made its own rule covering that issue.
Official source: Owners Corporations Act 2006, Victorian Legislation and Owners Corporations Regulations 2018.
ACT: Unit Titles Management Act 2011
The Unit Titles (Management) Act 2011 provides the key management framework for ACT unit plans and owners corporations, covering executive committee functions, lot owner obligations, meetings, voting, records, insurance, maintenance and common property.
Official source: Unit Titles (Management) Act 2011, ACT Legislation Register
What legislation means for owners and committees in practice
Strata legislation can feel complex, but its practical role is straightforward. It gives each scheme a clear process for making decisions, keeping records, managing money and resolving issues when they arise.
- For committees, that means working within clear obligations around meetings, minutes, budgets, levies, insurance, repairs and owner communication.
- For owners, it helps clarify access to records, financial contributions, approval requirements and the proper pathway for raising concerns.
The role of your strata manager under the legislation
The owners corporation or body corporate remains responsible for managing the scheme under the relevant legislation. When a strata manager is appointed, certain functions may be delegated to them as a professional agent to help meet legal obligations and administer the scheme.
This can include preparing meeting notices, maintaining records, supporting financial administration, coordinating communication and helping the committee follow the correct processes.
A strata manager does not replace the owners corporation, body corporate or committee as the decision-making body. Their role is to carry out delegated functions and provide professional advice to the committee, so the scheme can function effectively between meetings of the owners or the committee.
Clear communication with the appointed manager also helps committees track actions, keep appropriate records and identify when input from other relevant professionals may be needed.
Strata legislation vs strata by-laws: what is the difference?
Strata legislation is the set of laws that govern the scheme. By-laws are the building rules that sit underneath it.
- Strata legislation sets the legal requirements for scheme governance, meetings, records, levies, responsibilities and dispute pathways.
- Strata by-laws, body corporate by-laws or owners corporation rules are the scheme-specific rules that apply inside a property. They guide how residents use lots, common property and shared facilities.
By-laws must work within the legislation that applies to the scheme.This becomes important when a committee needs to:
- change strata managers
- approve or challenge a repair decision
- respond to a dispute between owners or residents
- review levy increases or budget decisions
- make insurance-related decisions
- enforce rules around parking, pets, noise, smoking or short-term letting
- understand which process applies before taking further action
For example, if an owner disputes a repair decision or challenges how a by-law is being applied, the committee needs to understand both the scheme’s by-laws and the legislation that sets the process for enforcement, decisions and dispute resolution.
For practical guidance on pets, noise, parking, renovations, smoking, short-term letting and breach processes, read the Strata By-laws guide.
Strata legislation Faqs
Need guidance on your scheme’s legal obligations?
Bright & Duggan helps committees, owners corporations and body corporates manage shared property with clear communication, structured support and practical guidance.
Learn more about strata
Strata By-laws
Understand the rules that apply inside a strata scheme, including pets, noise, parking, renovations and breaches.
Strata Levies
Understand how strata contributions work, what they usually cover and what owners should check on levy notices.
Strata Repairs and Maintenance
Learn how repair responsibilities are usually managed and when issues should be reported.
Sources and state resources
For state-specific guidance around strata, body corporate, owners corporation and unit title legislation, refer to the relevant authority in your state or territory: