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StrataHub in NSW is here!

The legislation requiring strata schemes in NSW to submit an annual report to the NSW Government's 'Strata Hub" comes into force on 30 June 2022, although the timing to submit the first report has recently changed. In 2022 only, all schemes that have held at least one AGM will need to complete their first report by the end of the year.  From 2023 onwards, the reporting must be done within the three months following a strata scheme’s AGM. A fee of $3 per lot is payable each year.
 
To find out more, visit https://www.nsw.gov.au/housing-and-construction/strata/strata-annual-reporting?utm_source=Strata%20Update%20June%20newsletter&utm_medium=email&utm_campaign=Strata%20scheme%20reporting
 
Link to the Regulation can be found here https://legislation.nsw.gov.au/view/pdf/asmade/sl-2021-773
 
What do you need to report to the NSW ‘Strata Hub’?
Pursuant to section 43A of the Strata Schemes Management Amendment (Information) Regulation 2021, the following information needs to be reported annually by the Secretary or strata manager of an Owners Corporation:
(a) the strata plan number of the strata scheme,
(b) the date of registration of the strata plan for the strata scheme,
(c) if the strata scheme is part of a community scheme—the date of registration and the number of the community plan, within the meaning of the Community Land Management Act 2021,
(d) if the strata scheme is part of a precinct scheme—the date of registration and the number of the precinct plan, within the meaning of the Community Land Management Act 2021,
(e) the address of the parcel of the strata scheme,
(f) the total number of lots in the strata scheme,
(g) the number of lots in the strata scheme used for the following purposes—

  • residential purposes,
  • the purposes of a retirement village,
  • commercial purposes,
  • the purposes of a utility lot,
  • other purposes,
(h) if a building of the strata scheme has a NABERS rating—the rating,
(i) if an interim or final occupation certificate has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme—the date the certificate was issued,
(j) if an annual fire safety statement has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme—the date the most recent statement was issued,
(k) for a class 2 building, within the meaning of the Building Code of Australia, of the strata scheme—the number of storeys above ground level in the building,
(l) if the owners corporation is required to insure a building, or part of a building, of the strata scheme under the Act, section 160—the replacement value of the building, or the part of the building, as
  • specified in the damage policy for the building,
  • or determined by the Tribunal under the Act, section 162(3),
(m) the following details of the secretary of the owners corporation—
  • full name,
  • telephone number,
  • email address,
(n) the following details of the chairperson of the owners corporation—
  • full name
  • telephone number,
  • email address,
(o) if there is a strata managing agent appointed for the strata scheme—the following details of the agent—
  • full name,
  • telephone number,
  • email address,
  • the number of the agent’s licence under the Property and Stock Agents Act 2002,
(p) if there is a building manager appointed for the strata scheme—the following details of the manager—
  • full name,
  • telephone number,
  • email address,
(q) the following details of the emergency contact person for the strata scheme—
  • full name,
  • telephone number,
  • email address,
  • the person’s connection to the strata scheme

(r) the date of the most recent annual general meeting of the owners corporation
(s) if the owners corporation is required to establish a capital works fund under the Act, section 75—the balance of the fund, as specified in the most recent financial statements,
(t) whether a strata renewal committee is currently established under the Strata Schemes Development Act 2015 in relation to the strata scheme and, if so, the date the committee was established.
 
Dave Bugden
Bugden Allan Graham

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What is short-term rental accommodation?


23 Dec 2021

Short-term rental accommodation (STRA) is a long-standing practice in New South Wales and is commonly associated with holiday letting. It generally involves residential dwellings that may also be used by the owners for their own accommodation.

Changes in technology have seen a rise in online booking services that have contributed to a significant increase in short-term rental accommodation options.

This has seen economic benefits flow to homeowners and communities with empty homes being used to house tourists and visitors. However, this has also led to amenity impacts on residential neighbours due to inconsiderate or anti-social behaviour from some short-term rental occupants.

The Government’s approach to regulating short-term rental is focused on commercial arrangements where a person is given the right to occupy a residential premises for up to three months at a time.

This means existing laws on residential tenancies and other traditional forms of short-term accommodation, such as hotels and motels, remain unchanged.

How NSW short-term rental accommodation is regulated

STRA is regulated through:

  • a mandatory Code of Conduct that applies to all participants
  • a state-wide planning framework
  • a mandatory short-term rental accommodation premises register
  • strata scheme by-laws that restrict certain types of short-term rentals.

Code of Conduct

A mandatory Code of Conduct for the Short-term Rental Accommodation Industry (Code) applies to all participants in the STRA industry.

The Code applies minimum standards of behaviour and requirements on all participants.

Read more about the obligations for:

The Code creates new disciplinary actions that NSW Fair Trading can take, including listing non-compliant participants on an Exclusion Register.

Read more about the new disciplinary actions at Short-term Rental Accommodation complaints.

Read more about the Exclusion Register.

Planning laws and premises register

Changes to planning laws came into effect in November 2021, including a new planning policy that applies consistent regulation of the use of premises for short-term rental accommodation across NSW.

More information about these laws is on the Department of Planning, Industry and Environment website.

Most must register their properties on the Department of Planning, Industry and Environment’s STRA register. Relevant properties must be registered before they can be advertised or offered for short-term rental. There are fees associated with registration.

Strata laws

Owners corporations can adopt by-laws restricting types of short-term rental accommodation within its strata scheme.

Read more about managing short-term rental at by-laws in your strata scheme.

Who is regulated by these laws?

The Code of Conduct applies to all industry participants involved in setting up short-term rental accommodation arrangements including:

The following accommodation arrangements are excluded from the Code of Conduct:

  • tourist and visitor accommodation including backpackers’ accommodation, hotel or motel accommodation, and serviced apartments
  • boarding houses
  • holiday parks
  • refuge and crisis accommodation
  • disability accommodation
  • residential tenancies.
From NSW Government Fair Trading