We offer specialised expertise in all aspects of strata law, from the development phase, the ongoing management and maintenance of your building, through to strata renewal or termination of your strata scheme. At every stage, we draw on the experience and skill of lawyers across the Swaab teams to complement our unique strata focused services
Our team
We provide advice in the following areas:
Strata Development
- advice in relation to restructuring and configuration of mixed-use developments (commercial, retail and residential) including green field sites, brown field sites and expansion of current developments
- section 88B instruments to accompany community title, stratum and strata plans of subdivision
- drafting documents to create easements and restrictions on use of land subsequent to creation of community title or strata title scheme
- bespoke Community Management Statements and Strata Management Statements to reflect the place making desired of the developer to limitations and options of the developer during the initial period
Strata Advisory
- drafting of by-laws, amendments to management statements, review and consolidation of by-laws advice as to Strata Schemes Management Act 2015 (SSMA)
- duty of owners corporation to maintain & repair property (section 106 SSMA) advice
- drafting of services agreements, building management agreements, facilities services agreements, cleaning and concierge agreements licence and access deeds
- strata plan of sub-division and change of unit entitlements
- management and compliance matters including meeting procedures, motions, proxy requirements easements, change of use, planning issues remedial building works under the Design and Building Practitioners Act 2020
- residential or commercial construction contracts, superintendent agreements and consultancy agreements
Strata Disputes
All litigation and/or dispute resolution:
- section 106 SSMA claims for repair and maintenance of common property unauthorised works to common property compulsory management under section 237 by-law disputes, penalty notices and applications
- contract disputes
- building claims for breach of warranties under Home Building Act 1989 and breach of duty of care under the Design and Building Practitioners Act 1989
Strata Renewal & Termination
- acting for owners corporations, developers and dissenting owners in respect of collective sales or redevelopment under Part 10 of the Strata Schemes Development Act 2020
- acting for lot owners in collaborative sales of strata schemes
- applications for termination of a strata scheme under Part 9 of the Strata Schemes Development Act 2020
We are trusted leaders in Strata Law, advising owners corporations, strata managers, developers, and lot owners with clarity, precision, and deep industry insight. But our strength doesn’t stop there.
We bring the full weight of our firm’s capabilities to any strata matter, seamlessly integrating expertise across Property, Insolvency, Planning, Employment, Litigation, Commercial, and Health & Safety law. Whether you’re navigating complex by-law disputes, managing building defects, or facing compliance challenges, our multidisciplinary approach ensures your interests are protected from every angle.
With a reputation for practical solutions and strategic foresight, we don’t just resolve issues, we help you stay ahead of them.
Useful Links
Publications
Important Strata Law Changes — Effective 1 July 2025
The Strata Schemes Legislation Amendment Act 2025 (Amending Act) introduces further reform in Government’s ongoing review of the strata legislation. On 1 July…
Unfair contract terms in outdated standard form contracts could cost you a fine of $50 million (Companies) or $2.5 million (Individuals)
If you have not reviewed your standard form construction contracts since 9 November 2023 (when the amended Competition and Consumer Act…
Which edition of Building Code of Australia applies to developments in NSW?
The Building Code of Australia (BCA) is part of the the National Construction Code (NCC). The NCC is updated every 3 years…
In the News
Press Release | New Appointment for Swaab
Welcome, Lynne Hawes - Senior Associate, Property, Planning & Projects and Strata & Construction.“This appointment comes at an important time in our…
Press Release | Three New Appointments for Swaab
WelcomeDaniela Terruso — Senior Associate, Property, Planning & Projects and Strata & ConstructionSarah Abrahams — Associate, Property, Planning & ProjectsMarissa Aragona — Solicitor…
Helen Kowal — Guest Speaker at the inaugural Your Strata Property CPD Event in Mudgee
I’m honoured to have been invited by Amanda Farmer to join her 1‑Day CPD Event in Mudgee on 23 February…