NCAT can hear and decide an issue or dispute in a strata scheme, community scheme or neighbourhood scheme in NSW.
Strata and community schemes cases are managed through NCAT's Consumer and Commercial Division.
NCAT can make orders in strata and community schemes cases including:
You can apply for an interim order in addition to your strata and community schemes application. An interim order can stop the actions of a party or to preserve the current state until the application is decided.
NCAT will only make an interim order if urgent reasons require it.
Check if your matter is affected by federal jurisdiction.
Mediation is compulsory for most strata and community schemes disputes. Apply online for mediation with NSW Fair Trading. Attach evidence of mediation to your NCAT application.
You must attach the mediation certificate to your application unless you are exempt.
Section 227(4) of the Strata Schemes Management Act 2015 and Section 188(4) of the Community Land Management Act 2021 says an application can be accepted without mediation if it is asking for:
(a) an order to appoint, or requiring the appointment of, a strata managing agent,
(b) an order varying or revoking an order that varies or revokes another order by the Tribunal,
(c) an order with respect to waiving, varying or extinguishing a restriction relating to the initial period,
(d) an order allocating unit entitlements,
(e) an order with respect to access to a lot by the owners corporation to inspect or repair common property,
(f) an order seeking provision of records to an owners corporation by a former strata managing agent for the strata scheme,
(g) an order with respect to the inspection of records of an owners corporation,
(h) an order imposing a monetary penalty and any associated order as to the payment of costs.
Relevant information includes:
To make a claim against a person, business or company, you need to use their correct name or legal entity. You also need the correct address for service.
If the other party is a business or company, search ASIC's Registers and attach the search to your application.
NCAT may ask you for more information to ensure the other party's details are correct. Not providing correct details can cause delays or the making of unenforceable orders.
View our current application fees and charges.
Concession card holders are eligible for a reduced fee. Have your concession card with you when you lodge the application to claim the reduced fee.
Strata and community schemes cases are first listed for directions. Check the notice of hearing from NCAT and follow the instructions provided. If your case is not resolved at the first hearing it may be listed for a contested hearing on a later date.
Read the hearing preparation checklist to prepare for your hearing.
In strata and community schemes cases, NCAT sends a copy of the application to the parties and to the owners corporation. The owners corporation is required to give a copy of the application to all lot owners or members of the association except for penalty applications.
Most people represent themselves at NCAT. You can conduct your own case without a lawyer or other representative. If you want to be represented you can find out more about representation at NCAT.
23 Nov 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.