Introduction

In a New South Wales strata scheme, a delicate balance exists between a lot owner’s right to privacy and the Owners Corporation’s legal duty to maintain the common property. This responsibility, mandated by the Strata Schemes Management Act 2015 (NSW), is essential for ensuring the safety and structural integrity of the entire building.

Fulfilling this duty often requires the Owners Corporation to access an individual lot to inspect or carry out work. This guide explains the legal powers and strict rules governing when and how an Owners Corporation may enter your lot, detailing the process for entry with and without the consent of the occupier.

The OC’s Legal Right of Entry

In a strata scheme, the legal authority for an owners corporation to enter a lot is primarily established by Section 122 of the Strata Schemes Management Act 2015 (NSW). This statutory right is not unlimited; it grants the body corporate the power to access a lot for specific purposes related to its duty to maintain and repair common property.

The owners corporation may enter a lot to carry out work or to determine if work is necessary. The specific reasons for entry include:

Purpose for Entry	Description
Perform Required Work	To carry out any work the Owners Corporation is required or authorised to do, such as common property maintenance, installing window safety devices, or rectifying building defects.
Comply with Public Authority Notices	To perform work required by a notice from a public authority, such as a local council fire safety order.
Execute a Tribunal Order	To carry out work specifically ordered by the NSW Civil and Administrative Tribunal (NCAT).
Conduct Inspections	To inspect the property to determine if any of the above work is necessary.

Authorised & Unauthorised Persons for Entry

Section 122 of the Strata Schemes Management Act 2015 (NSW) specifies that the power of entry is given to the owners corporation, to be exercised by its designated representatives. This means that not just anyone associated with the strata scheme can enter your lot.

The individuals whom the owners corporation typically authorises to enter a lot include:

• Agents: This commonly includes the appointed strata manager, building manager, or caretaker.
• Employees: Any direct employees of the owners corporation are permitted to enter to perform their duties.
• Contractors: Tradespeople hired by the owners corporation, such as plumbers, electricians, or builders, are authorised to enter to carry out repairs or inspections.

It is crucial to understand that this power of entry does not extend to individual strata committee members acting in their capacity. A committee member cannot use the authority of Section 122 to enter a lot unless they have been formally engaged as an agent or contractor to perform a specific task.

Entry in Non-Emergency Situations

Occupier Consent & Reasonable Notice Requirements

In non-emergency situations, an owners corporation cannot enter a lot without obtaining permission. Under Section 122(4) of the Strata Schemes Management Act 2015 (NSW), the power of entry is conditional on receiving consent from the occupier of the lot. The term “occupier” is significant, as it refers to the person residing in the property, who may be a tenant rather than the lot owner.

To properly seek consent, the owners’ corporation must provide reasonable notice of its intention to enter the lot. While the Act does not define a specific timeframe, the widely accepted standard is to give at least 7 days’ written notice. This notice should be sent to the lot owner and the occupier if the property is tenanted, ensuring all parties are informed.

A proper notice of entry must be given in writing and should include:

Component of Notice	Description
Purpose of the Entry	A clear explanation of why access is needed (e.g., to inspect common property or carry out specific repairs).
Proposed Date and Time	The intended date for the visit and a reasonable timeframe for when the entry will occur.
Contact Information	Details of a contact person from strata management for questions or to make alternative arrangements.
Details of Personnel	The names and company details of the authorised agents, employees, or contractors entering the lot.

The NCAT Process for Refused Entry

If an occupier refuses to grant access after receiving a proper notice of entry, the owners corporation cannot force its way into the lot. The correct legal path is to apply to NCAT for an order compelling the occupier to provide access. This process is governed by Section 124 of the Strata Schemes Management Act 2015 (NSW).

An application to NCAT for an order to access a lot to inspect or repair common property is exempt from the mandatory mediation process that applies to many other strata disputes. This exemption streamlines the process when essential work is being delayed.

To proceed with an NCAT application, the owners corporation must:

1. Submit a “Strata and community schemes application” online
2. Clearly state the orders sought
3. Provide evidence of both the need for access and the occupier’s refusal

It is essential to understand that an NCAT order does not authorise the owners corporation to enter the property forcibly. Instead, the order legally requires the occupier to allow access to the person authorised by the owners corporation.

If the occupier continues to obstruct or hinder entry after an NCAT order has been issued, they are in breach of the order, which can escalate the strata dispute in NCAT. Under Section 122(5) of the Act, NCAT can impose a monetary penalty for this obstruction, with a maximum penalty of 5 penalty units, currently $550.

Emergency Entry Without Consent

Defining an Emergency Justifying Entry

The requirement for an owners corporation to obtain consent before entering a lot is set aside in an emergency. While the Strata Schemes Management Act 2015 (NSW) does not provide a definitive list of what constitutes an emergency, it is generally understood to be a sudden and unforeseen event.

The situation must pose a serious and immediate threat to the health or safety of residents or carry a risk of significant property damage. An emergency justifying immediate entry without consent could include a range of urgent scenarios that typically require prompt action to prevent further harm.

Examples of what may be considered an emergency include:

Type of Emergency	Example Scenario or Risk
Water or Sewerage Issue	A burst, blocked, or leaking pipe causing significant water damage or posing a health hazard.
Gas Leak	A suspected gas leak that presents an imminent risk of fire or explosion.
Serious Structural Damage	Damage to the building caused by a storm, fire, or other natural disaster.
Major Electrical Failure	An unexpected electrical failure affecting the safety or security of the building.
Immediate Structural Problem	Significant cracking that is likely to impact the immediate safety of the building or its occupants.
Security or Safety Hazard	Broken glass that compromises the overall security of the building or creates a direct safety hazard.

The Right to Enter at Any Time Without Notice

Under Section 122(3) of the Strata Schemes Management Act 2015 (NSW), an owners corporation is entitled to enter any part of the strata parcel, including a private lot, at any time to deal with an emergency. This power means that the standard procedure of providing reasonable notice and seeking the occupier’s consent does not apply. Instead, the entry can be made immediately to mitigate the urgent threat.

The owners corporation exercises this power of entry through its authorised agents, employees, or contractors, such as a plumber or builder. However, an owners corporation should exercise this right with great caution. Given the absence of a precise legal definition for “emergency” in the legislation, it is wise to carefully assess whether a situation warrants immediate entry without consent to avoid claims of improper access.

Consequences of Obstructing Entry

Penalties for Obstructing the OC

A lot owner or occupier has a legal duty to cooperate with an Owners Corporation that requires access for legitimate purposes. Deliberately preventing or impeding this access carries specific penalties under the law.

Section 122(5) of the Strata Schemes Management Act 2015 (NSW) makes it an offence to obstruct or hinder an Owners Corporation while exercising its power of entry. If an occupier obstructs entry, NCAT can impose a monetary penalty.

The penalties for obstruction include:

Consequences of Obstruction	Details
Monetary Penalty	NCAT can impose a maximum penalty of 5 penalty units, which currently amounts to $550.
Further Tribunal Orders	Additional orders may be issued if the refusal violates a specific strata by-law of the strata scheme.
Higher Penalties	Penalties may be increased for repeated breaches of access orders or obstruction.

Impact of Obstruction on Damage Claims

A lot owner’s decision to obstruct entry can significantly impact their ability to claim damages from the Owners Corporation. Under Section 106(5) of the Strata Schemes Management Act 2015 (NSW), an owner can sue the Owners Corporation for losses suffered due to its failure to maintain common property. However, if the owner’s unreasonable actions, such as refusing access, are the primary cause of the damage or delay, this can:

• Break the chain of causation
• Weaken their claim
• Potentially negate their claim entirely

Additionally, Section 122(6) of the Act directly addresses liability for damage that occurs during entry. The Owners Corporation is generally liable for any damage to a lot or its contents caused by its agents or contractors. This liability is removed if the damage occurred because the Owners Corporation was obstructed or hindered by the occupier. This means that if an owner’s obstruction leads to further damage, the financial responsibility for that damage may shift to the owner.

OC Liability for Damage During Entry & Inspections

The OC’s Responsibility to Repair Damage

Under Section 122(6) of the Strata Schemes Management Act 2015 (NSW), an owners corporation is held liable for any damage to a lot or its contents that arises from exercising its power of entry. This responsibility applies whether the entry was for an inspection or to carry out work.

This statutory liability ensures that the lot owner is protected from financial loss caused by the actions of the owners corporation or its authorised representatives. The responsibility to cover repair costs applies regardless of how access was obtained:

• With consent from the owner
• During an emergency
• Under an order from NCAT

When the OC is Exempt from Liability

The owners corporation’s liability for damage is not absolute. Section 122(6) of the Strata Schemes Management Act 2015 (NSW) provides a specific exemption from this responsibility.

The owners corporation is not liable for damage to a lot or its contents if the damage occurred because the owners corporation was obstructed or hindered by the occupier. For example, if an occupier’s refusal to allow timely access for a water leak repair leads to more extensive damage, the financial responsibility for that additional damage may shift to the occupier.

This provision emphasises the lot owner’s duty to cooperate with legitimate entry requests while mitigating the owners corporation’s risk when faced with obstruction.

Conclusion

Under the Strata Schemes Management Act 2015 (NSW), an Owners Corporation has a statutory right to enter a lot to inspect or repair common property, a power governed by strict rules for emergency and non-emergency situations. Lot owners must cooperate with lawful entry requests to avoid penalties, as obstruction can shift liability for any resulting damages and weaken their legal claims.

Navigating these rights and obligations can be complex, and disputes over access are common in strata living. If you are facing a dispute over lot access or need to understand your rights and responsibilities, contact the strata law lawyers at PBL Law Group for trusted legal advice and expert guidance tailored to your situation.

Frequently Asked Questions (FAQ)