Australia

An owner's corporation won't allow me to modify my unit for accessibility. What rights do I have?

14 days
Notice period for OC response
Disability Disc
Federal law
Strata Schemes
NSW law
Reasonable adju
Legal standard
The Short Answer

You have the right to request reasonable modifications for disability access under federal and state anti-discrimination laws, and owners corporations must not unreasonably refuse such requests.

What the Law Says

In New South Wales, owners corporations must consider requests for modifications to lots for disability access under both federal anti-discrimination law and state strata legislation. The key obligation is to make 'reasonable adjustments' — meaning changes that are necessary, proportionate, and not unduly burdensome.

Under the Disability Discrimination Act 1992 (Cth), it is unlawful to refuse a person with disability access to premises or services without reasonable adjustment. This includes residential strata schemes.

The Strata Schemes Management Act 2015 (NSW) governs how owners corporations operate. Section 118 specifically addresses alterations to lots: it allows an owner to carry out work on their lot if it does not affect common property or other lots, and if it complies with relevant laws — including those relating to disability access.

If the modification affects common property (e.g., installing a ramp over shared entry steps), the owner must seek approval from the owners corporation. Under section 118, the owners corporation 'must not unreasonably refuse consent' to such work.

Statutory Text

The owners corporation must not unreasonably refuse consent to an owner carrying out work on the owner’s lot.

Strata Schemes Management Act 2015 (NSW), s. 118 — Alterations to lots
Statutory Text

It is unlawful to discriminate against a person on the ground of disability… by refusing to make reasonable adjustments.

Disability Discrimination Act 1992 (Cth), s. 5 — Definition of discrimination

What to Do

1

Write a formal request to your owners corporation explaining the modification needed, why it’s required for accessibility, and how it meets the 'reasonable adjustment' test.

2

Attach supporting evidence (e.g., letter from a medical or allied health professional).

3

If consent is refused, ask for written reasons within 14 days — the owners corporation must respond within this timeframe under the Strata Schemes Management Regulation 2016, cl. 26.

4

If refusal is unreasonable, apply to NSW Civil and Administrative Tribunal (NCAT) for an order compelling consent under section 118.

5

You may also lodge a complaint with the Australian Human Rights Commission under the Disability Discrimination Act 1992.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.