Strata Property Development Lawyers in Sydney & NSW

What is strata property development?

Strata property development is the legal process of dividing land or a building into individual lots, such as apartments or commercial units, together with common property like hallways, driveways, or gardens. This process creates a strata scheme governed by New South Wales legislation, primarily the Strata Schemes Development Act 2015 (NSW), allowing individual ownership of lots and shared responsibility for common property through an owners corporation.

Why do I need a specialist strata lawyer for property development?

A specialist strata property development lawyer has detailed knowledge of NSW strata legislation, including the Strata Schemes Management Act 2015 (NSW) and the Strata Schemes Development Act 2015 (NSW). They assist with compliance, drafting effective by-laws, advising on development structures, managing strata applications, and meeting legal obligations, reducing the risk of delays, disputes, and costly mistakes.

What documents are essential for a strata development project?

Essential documents include the registered strata plan defining lots and common property, a comprehensive set of by-laws, strata management statements or community and neighbourhood management statements where applicable, development contracts, and any easements or restrictions created by section 88B instruments. Accurate drafting of these documents by a strata lawyer is critical.

How can PBL Law Group assist with drafting by-laws for a new strata scheme?

PBL Law Group prepares bespoke by-laws tailored to the specific needs of new strata schemes in Sydney and across NSW. These by-laws are drafted to be clear, enforceable, and compliant with current strata legislation, covering matters such as use of common property, lot owner obligations, and dispute resolution.

What are common legal issues in strata property development?

Common legal issues include disputes relating to development consents and planning approvals, building defects arising from non-compliance with the Building Code of Australia, complexities in mixed-use developments, disagreements over by-law interpretation or enforcement, challenges during the initial owners corporation period, and difficulties with strata plan registration or amendments.

Can you advise on staged strata developments in NSW?

Yes, legal advice can be provided for staged strata developments, including assistance with development structuring, preparation of strata and development contracts, and ensuring strata plans and by-laws properly accommodate the staged nature of the project. Ongoing legal guidance helps support smooth progression at each stage.

What is the role of an owners corporation in a new property development?

An owners corporation is automatically created upon registration of the strata plan. Initially, its functions are often carried out by the developer. Over time, the owners corporation is responsible for managing and maintaining common property, enforcing by-laws, arranging insurance, managing finances such as levy collection, and administering the strata scheme for the benefit of all lot owners.

How does NSW strata law impact property developers specifically?

NSW strata law places significant obligations on property developers, including accurate disclosure in off-the-plan contracts, compliance with statutory warranties for building work, proper establishment and financial management of the initial owners corporation, and ensuring all strata documentation meets legislative requirements. Failure to comply can result in disputes, delays, and potential legal liability.