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Home » Committee Concerns » Committee Concerns NSW » NSW: The Unintentional Impact Of The NSW Government’s Strata Renewal Reform On Lower-Income Earners

NSW: The Unintentional Impact Of The NSW Government’s Strata Renewal Reform On Lower-Income Earners

Published April 19, 2019 By David Bannerman, Bannermans Lawyers Leave a Comment Last Updated November 24, 2019

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This article about The Unintentional Impact Of The NSW Government’s Strata Renewal Reform On Lower-Income Earners has been supplied by Bannermans Lawyers.

With the commencement of Part 10 of the Strata Schemes Development Act 2015 on 30 November 2016, the NSW Government introduced a reform which is aimed to deal ‘proactively with the issue of ageing strata schemes and enables strata owners to make collaborative decisions about their strata building…’ i

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What trends are we seeing two years later?  Will the redevelopment of cheaper strata buildings in high-value areas, now more achievable after the introduction of Part 10, in fact, lead to a displacement of lower-income earners?

Will this be the unintended result of the NSW Government’s reform?

In a series of articles published by ‘The Conversation’ during 2017 ii the impact on ‘lower-income and disadvantaged households’ in our major cities was raised.

After providing advice for over 45 sites around Sydney for collective sales and acting in two of the first four cases filed in the Land and Environment Court of New South Wales, we are certainly seeing a trend and a trend that will no doubt lead to an increase in the cost of living in presently affordable areas for lower income earners forcing them to relocate.

The areas we have seen a high interest in potential ‘collective sales’ are higher-value areas such as Chatswood, Macquarie Park, Sydney city, Lower North Shore and Parramatta.  Generally, areas where there are still cheaper properties owned by lower-income earners.  Increasing prices of redeveloped properties will, logically, lead to a difficulty of lower income earners remaining in these areas as the prices for the ‘new’ units increase.

Whilst the aim of the NSW Government of the reform was to provide ‘numerous safeguards to prevent intimidation, encourage collaboration and ensure that owners receive compensation…’ will these safeguards be sufficient for displaced owners to buy a new unit in the same area?

Even though displaced owners may be significantly advantaged by a collective sale of their unit block and be in a strong financial position to remain in the area, neighbouring owners not receiving the inflated prices may struggle and be forced to relocate to more disadvantaged areas hence starting a cascading effect on the placement of lower-income earners in our cities.

The strata renewal reform may in fact achieve the NSW Government’s intentions to ‘empower strata owners to make a collective decision…’ and promote redevelopment in the urban areas, but, have they considered the long term impact on the re-shaping of our cities.

i Second Reading Speech read by Victor Dominello – Minister for Innovation and Better Regulation on 14 October 2015

ii ‘When a suburb’s turn for gentrification comes…’ May 4, 2017 Author Sidh Sintusingha, ‘It’s not just the buildings, high-density neighbourhoods make life worse for the poor’ August 22, 2017 Authors Laurence Troy, Hazel Easthope and Laura Crommelin and ‘Why investor-driven urban density is inevitably linked to disadvantage’ August 23, 2017 Author Bill Randolph

Read next:

  • NSW Strata Renewal: Tips For Oc’s – Finding A Way Through The Renewal Maze
  • VIC: Q&A Forced sale and the 75% rule

Bannermans Lawyers
Telephone (02) 9929 0226
Suite 702, 2 Elizabeth Plaza
North Sydney NSW 2060

The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

This post appears in Strata News #245.

This article has been republished with permission from the author and first appeared on the Bannermans Lawyers website.

Visit Strata Committee Concerns OR NSW Strata Legislation.

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Have a question or something to add to the article? Leave a comment below.

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About David Bannerman, Bannermans Lawyers

David Bannerman, Principal, established the firm in 2007 as a sole practitioner under the business name Bannermans Lawyers. The firm provides high quality specialist legal services to the strata, development, construction and insurance industries and with its expertise and industry experience has become Sydney’s leading strata law firm, employing over 30 staff, including 19 highly skilled lawyers.

Bannermans acts primarily for owners corporations and strata managers, but also has many builder, developer and insurer clients. While the firm’s focus is on the greater Sydney area, the team is increasingly providing services throughout regional NSW.

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David is a regular contributor to LookUpStrata. You can take a look at David's articles here .

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