Australia

My strata/body corporate is not maintaining common areas properly. What federal law applies?

State-based
Legal jurisdiction
0 federal laws
Relevant Commonwealth Acts
NSW: SSMA
Key NSW Act
QLD: BCCM
Key QLD Act
The Short Answer

No federal law governs strata or body corporate maintenance in Australia — this is regulated by state and territory laws only.

What the Law Says

Strata and body corporate matters — including maintenance of common property — are exclusively regulated by state and territory legislation in Australia. There is no federal (Commonwealth) law that applies to these issues.

The Australian Constitution divides law-making powers between the Commonwealth and the states. Regulation of property, land use, and community title schemes falls under state responsibility — not federal.

Each state and territory has its own strata or body corporate legislation. For example, New South Wales uses the Strata Schemes Management Act 2015, Queensland the Body Corporate and Community Management Act 1997, and Victoria the Owners Corporations Act 2006.

These laws impose clear duties on owners corporations (or bodies corporate) to maintain, repair, and keep common property in good condition — but none are federal statutes.

What to Do

1

Identify your state or territory and locate its relevant strata or body corporate Act.

2

Review the Act’s provisions on maintenance duties — e.g., NSW SSMA s. 106 requires owners corporations to 'properly maintain and keep in a state of good and serviceable repair the common property'.

3

Raise the issue formally with your strata committee or body corporate manager in writing.

4

If unresolved, escalate to your state’s strata tribunal (e.g., NSW Civil and Administrative Tribunal, QLD Body Corporate and Community Management Commissioner).

5

Seek advice from your state’s fair trading or consumer affairs agency, which often provides free guidance and dispute assistance.

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.