Strata services are most certainly not voluntary guidelines or nice-to-haves. If you are an agent operating in New South Wales, it is critical that you understand the strict legal duties relating to the repairing and maintaining of common property.
From managing risk to protecting owners’ assets, this article is your first stop to understanding everything agents need to know about strata services.
How can BIM Remedial help you?
BIM Remedial helps strata and property managing agents ensure remedial works and maintenance services are completely compliant. Whether it’s water ingress or structural issues, if you need help make sure to speak to our team today to avoid exposing the owners corporation to potential legal and financial trouble.
You can learn more about BIM Remedial’s strata services here.
What agents need to know about strata services in NSW
What are strata services?
For all intents and purposes, the term “strata services” covers the specialist building, remedial and maintenance work needed to keep common property across a strata scheme functioning, safe, and compliant.
Of course, this is not work undertaken by agents themselves but rather are sourced and procured by them. Only qualified and certified contractors, like our team here at BIM Remedial are able to comprehensively investigate, identify issues and provide regulatory complaint solutions on behalf of agents.
Why do strata services matter?
For NSW strata and managing agents, knowing your responsibilities and tasks related to strata services matters because:
- The owners corporation are responsible
- Property maintenance includes keeping the property in good and serviceable repair
- Failing to repair known defects can expose one to legal claims and financial damages
Critically, and recently, the NSW Fair Trading has expanded compliance powers to require documentation that outline work inspected and can issue directions when schemes fall behind on repairs.
When are strata remedial services required?
Under New South Wales law, agents need to start procuring and engaging remedial contractors when an issue arises that can affect common property or the safety of residents and occupants.
This can include:
- Water ingress
- Roof leaks
- Failed balcony waterproofing
- Concrete spalling (also known as concrete cancer)
- Structural cracking
- Visible corrosion
- Deteriorated facades, balustrades, or brickwork
- Deteriorating render or external paint systems
- Safety or access risks
- Other defects, capital works planning or building inspection items identified by engineers
Who is responsible for remedial strata services?
The buck stops, in most cases, with the owners corporation. They are responsible for planning and paying for the repairs to common property. In most cases this includes the procurement of at least two quotes for works of significant value.
It is, therefore necessary as an agent representing the corporation, that you operate under a 10‑year capital works plan. This plan should enable you to forecast and prepare for major repairs and ensure that funding is available for those required remedial projects.
What are the key strata services?
For more information, we recommend reaching out to the team here at BIM Remedial or referring to section 106 of the Strata Schemes Management Act 2015 (NSW).
As a starter, the owners corporation must:
- Maintain and keep common property in good order
- Renew or replace fixtures and fittings
- Repair damage and deterioration
How has NSW Fair Trading’s common property repairs policy changed?
NSW Fair Trading’s Common Property Repairs and Maintenance Compliance and Enforcement Policy has been recently changed to tighten the scrutiny over schemes that either ignore or avoidably delay repairs.
Fair Trading can now request more documentation, inspect premises and open up building work, issue compliance notices and penalty infringements, and more.
As the agent representing the owner corporation, you may be expected to show Fair Trading adequate evidence that you have used reputable remedial builders, such as BIM Remedial, for practical risk management and strata services.
What is the role of the Design and Building Practitioners Act?
The Design and Building Practitioners Act focuses on the regulated design and building work for certain classes of buildings: Class 2 / Multi‑dwelling residential.
It outlines the strict registration, insurance, and compliance requirements for residential strata properties and buildings.
This includes:
- Submitting declared designs
- Statutory duty of care for builders/designers
- Mandatory compliance declarations
The DBPA can be a complex, dense and impenetrable piece of legislation. That is why it is critical as a strata agent that you procure remedial and building services from a suitably knowledgeable and experienced builder like BIM Remedial.
What is your role as a strata agent?
While agents do not personally hold the statutory duty to conduct the repair, they are commercially engaged to help the owners corporation discharge their respective obligation.
This is a delegation of function beyond just remedial repair procurement. It includes keeping and maintaining proper records and disclosures, compliance with limits on contract terms and managing any conflict-of-interest rules introduced in recent strata reforms, if relevant.
How does BIM Remedial help strata agents?
The BIM Remedial team offers comprehensive remedial and maintenance services across Sydney. We are intimately familiar with NSW law and regulations and able to offer complete compliance for strata schemes.
Our remedial building services include:
- Structural repair
- Aesthetic defect remediation
- Concrete repairs
- Spalling concrete treatment
- Cavity flashing repairs
- Internal/external waterproofing
- Balustrade replacement
- Brickwork rectification
- Façade restoration
- Rendering and painting
Strata Services for Agents: Frequently asked questions
What legislation governs strata repairs and maintenance in NSW?
The primary piece of legislation to be aware of is the Strata Schemes Management Act 2015 (NSW).
It is also important to be aware of NSW Fair Trading requirements due to its NSW significant powers of compliance enforcement.
Who is responsible for common property repairs?
In a strata scheme, it is the owner’s corporation who is responsible for maintaining and repairing common property. Lot owners, i.e, the residents are responsible for repairs within their own dwellings.
When should an agent call a remedial builder?
The short answer is the sooner the better.
When you notice a defect or deterioration it is best to get a reputable remedial builder to assess the cause and extent of the damage.
What happens if the owner’s corporation does not carry out necessary repairs?
The owners corporation you are representing or working for must meet their repair obligations, failure to do so can result in financial and legal liabilities, enforced with increasing sharpness by NSW Fair Trading.
How can we help you today?
Why turn to BIM Remedial?
We are an established and professional remedial building services contractor with extensive experience across residential, multi-residential & commercial properties throughout Sydney.
Our transparent and fair quotation process is matched by our knowledge of required legislation so that neither you nor your owners corporation will be left exposed when it comes to strata services, remedial work and building repairs.
Obtain a free custom quote and onsite investigation today. Contact BIM Remedial now.
