Strata lawyer — defects, by-laws and levies

Almost every strata dispute is an argument about where the lot ends and common property begins. The owners corporation's duty to maintain common property is strict, and the period for a damages claim changed on 1 July 2025.

Call 1300 992 219 See the fees

What we do here

Water ingress and building defects
Claims against the owners corporation
By-law drafting and renovations
Levy recovery and disputes
Advice to committees

What it costs

Section 106 of the Strata Schemes Management Act 2015 (NSW) owes the duty to each owner individually, which is what makes a claim possible at all.

How long it takesAdvice is within three business days. NCAT strata matters commonly list within a couple of months. A defect claim runs longer because it waits on expert evidence.

Advice on a defect or water ingress claimWhere the boundary sits, whether s 106 is engaged, and where the six-year period in s 106(6) stands — including whether the claim was already barred before 1 July 2025.

$1,650

Claim against the owners corporationPreparation, evidence and one NCAT hearing day.

$3,300–$4,950

Renovation approval, minor or major worksBy-law drafting where structural work or waterproofing is involved.

$2,000

Levy or by-law disputeAdvice and correspondence.

$1,650

By-law drafting or reviewIncluding pets, short-term letting, renovations and parking.

$2,000

Levy recoveryLetter of demand, then Local Court if required.

$1,650–$2,750

Indicative ranges for common matters, including GST, disbursements extra. Your fee is confirmed in writing before work begins. Full list for this area.

Questions people ask

Section 106(6) of the Strata Schemes Management Act 2015 (NSW) now gives six years from when the owner first becomes aware of the loss. It was two years until 1 July 2025, and the change is not retrospective — so a claim already barred before that date is not revived.

The membrane is generally common property. The tiles over it usually are not. Which side of that line the damage falls on decides who pays.

No. A blanket prohibition is invalid following Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250.

Guides on this

By-laws, levies and common propertyBuilding defects and statutory warrantiesSix years for a major defect, two for everything else.

No charge

What's happened?

Describe it in your own words.

Not sure where you stand?

The assistant works out the area of law and whether a time limit is running, then sends it to the solicitor the same day.

Free and low-cost options

Free and low-cost services that may be able to help.

See the list