NCAT’s Role in Strata Maintenance Disputes

The NSW Civil and Administrative Tribunal (NCAT) plays a central role in resolving disputes within strata schemes, including those related to the maintenance and repair of common property. While NCAT is not a court, it has broad powers under the Strata Schemes Management Act 2015 (NSW) to resolve disputes between lot owners, the owners corporation, and other stakeholders.

This article explains what NCAT is, what it can and cannot do in strata maintenance disputes, and when legal advice or referral to a court may be necessary.

What Is NCAT?

The NSW Civil and Administrative Tribunal was established on 1 January 2014 under the Civil and Administrative Tribunal Act 2013 (NSW). It replaced the former Consumer, Trader and Tenancy Tribunal.

NCAT handles matters across several divisions, with strata-related issues falling under the Consumer and Commercial Division.

Its core aim is to provide a quick and cheap resolution of the real issues in dispute, offering a more accessible and cost-effective forum than traditional court proceedings.

In 2026, maintenance disputes are increasingly evidence-driven. Reforms commencing on 1 April 2026 require 10‑year capital works fund plans and developers’ Initial Maintenance Schedules (IMS) to be prepared using standard forms in the circumstances prescribed.

Separately, recent authority has emphasised that although the duty in s 106 is strict, a lot owner claiming damages under s 106(5) must still prove that the loss was reasonably foreseeable and occurred “as a result of” the owners corporation’s contravention. In The Owners – Strata Plan No 2661 v Selkirk, the Supreme Court confirmed it is open to an owners corporation to contend that some or all claimed loss is not recoverable, including by showing the lot owner acted unreasonably in failing to mitigate loss (for example, by unreasonably refusing access or disrupting reasonable rectification).

The practical effect is that, while NCAT remains an accessible forum, parties should expect closer scrutiny of the evidentiary basis for both:

1. The alleged failure to maintain/repair; and

2. The causal connection between that failure and any claimed loss.

NCAT’s Role in Strata Maintenance Disputes

NCAT is often the first forum for disputes involving failure to maintain or repair common property, as required under section 106 of the Act.

It can:

• Determine whether the owners corporation has breached its statutory duty to maintain common property.
• Order the owners corporation to carry out repairs or maintenance.
• Make declarations and enforce by-laws.
• Settle disputes about whether certain works are the responsibility of the owners corporation or a lot owner.

The process is less formal than court litigation, and parties are not always required to have legal representation. The Tribunal can accept a wide range of evidence, including photographs, inspection reports, expert testimony, and witness statements.

Jurisdictional and Legal Limitations

Despite its broad reach, NCAT’s powers are subject to some key legal boundaries:

1. No General Power to Award Monetary Damages in All Cases
   NCAT may not be able to hear claims for certain categories of monetary compensation, especially where complex legal or constitutional issues are involved. For example, in Vickery v The Owners – Strata Plan, the Court of Appeal clarified that while NCAT can order compliance and issue directions, it does not always have authority to determine large financial claims.
2. Constitutional and Legislative Limits
   As a statutory tribunal, NCAT must operate within its defined jurisdiction. In some cases, the High Court held that NCAT could not resolve disputes between residents of different states, as only courts vested with federal jurisdiction can do so.
3. Referral to Courts
   If a dispute exceeds NCAT’s jurisdiction due to its complexity or monetary value, the matter may need to be transferred to a court with the appropriate authority.

Procedural Features

Key advantages of using NCAT for strata maintenance disputes include:

• The Tribunal can inform itself in any way it sees fit.
• Proceedings are typically faster and less costly than court.
• NCAT emphasises resolving disputes without excessive formality or legal complexity.

However, both parties have a duty to cooperate with the Tribunal’s directions, and non-compliance can result in procedural or cost penalties.

When Is Legal Advice Necessary?

Although NCAT is designed for self-represented parties, legal advice is often crucial, particularly where:

• The dispute involves large-scale repairs or upgrades.
• Allegations of breach of duty care are raised.
• The case may be outside NCAT’s jurisdiction.
• There is a risk of cross-claims.

A solicitor can also help prepare evidence, draft submissions, and ensure compliance with all procedural requirements.

Conclusion

NCAT plays a vital role in resolving strata maintenance disputes in New South Wales. It provides an accessible, efficient, and less formal process for enforcing maintenance obligations, clarifying responsibilities, and resolving conflicts. However, its powers are not unlimited, and complex or high-value claims may require referral to a court.

If your owners corporation is involved in a dispute about maintenance or repairs, or if you’re unsure whether NCAT is the right forum, feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.

DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.