How to lodge a strata dispute in NSW
In NSW, strata disputes are resolved by first attempting internal resolution through the owners corporation, then applying for mediation through NSW Fair Trading, and finally applying to the NSW Civil and Administrative Tribunal (NCAT) under the Strata Schemes Management Act 2015 (NSW).
The framework
Strata Schemes Management Act 2015 (NSW), Strata Schemes Management Regulation 2016 (NSW), and the Civil and Administrative Tribunal Act 2013 (NSW).
The process
Identify the dispute type
Determine whether the dispute concerns by-law breaches, common property maintenance, levy recovery, defective building work, noise, pets, parking, or strata management. The dispute type affects the resolution pathway.
Attempt internal resolution
Raise the issue with the strata committee or owners corporation in writing. Request it be placed on the agenda of the next general meeting. Many disputes can be resolved at this stage.
Issue a by-law breach notice if applicable
If the dispute involves a by-law breach, the owners corporation may issue a Notice to Comply under s 146 of the Strata Schemes Management Act 2015. Non-compliance can result in a penalty of up to $1,100.
Apply for mediation through NSW Fair Trading
Lodge a strata mediation application with NSW Fair Trading online or by phone. Mediation is free and is generally required before NCAT will hear the matter (s 227 of the Act).
Attend mediation
NSW Fair Trading appoints a mediator who facilitates a discussion between the parties. If agreement is reached, it is put in writing. Mediation is confidential and voluntary.
Prepare an NCAT application if mediation fails
If mediation is unsuccessful or a certificate of non-agreement is issued, prepare an NCAT application. You will need the mediation outcome certificate from Fair Trading.
Lodge the NCAT application
File the application with NCAT (Consumer and Commercial Division) online, by post, or in person. Pay the filing fee (approximately $55). Attach the mediation certificate, evidence, and supporting documents.
Serve the application on the respondent
Serve the NCAT application on the other party (e.g. owners corporation, lot owner, or strata manager) at least 14 days before the hearing date.
Attend the NCAT hearing
Present your case at the NCAT hearing. Bring all evidence, witness statements, and by-law extracts. NCAT may conduct a site inspection if the dispute relates to common property or building defects.
Receive and enforce the NCAT order
NCAT may order compliance, compensation, by-law amendments, appointment of a compulsory strata manager, or other relief. Orders are binding. Non-compliance can be enforced through the District Court.
Forms and templates
Common mistakes
- Applying to NCAT without first attempting Fair Trading mediation
- Not raising the issue with the owners corporation before escalating externally
- Confusing strata by-laws with general legislation
- Not obtaining the mediation outcome certificate before filing at NCAT
- Missing time limits for building defect claims under the Home Building Act 1989
Get this process right with Quillio
Quillio can help draft by-law breach notices, prepare NCAT applications, and review strata scheme documentation. Start a free trial at /free-trial.
This guide is general information, not legal advice. Strata disputes can involve complex property and by-law issues. Consider seeking legal advice, particularly for building defect claims.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.
Start your free trial