Reviewed and updated 14-10-2026. We corrected when the prescribed form applies — every 10-year plan prepared from 01-04-2026, not only revised or replacement plans — and removed a 5-year review rule and penalty details we could not verify against the legislation.
From 1 April 2026, every 10-year capital works fund plan prepared for a NSW strata scheme must be in the form prescribed by the Regulation. And the owners corporation's duty to repair common property doesn't wait for the money to be there — NSW Fair Trading can now step in where repairs aren't done.
What is a 10-year plan, in plain English?
Every strata scheme in NSW has to plan for the big-ticket repair and replacement jobs coming over the next 10 years — roofs, paving, fences, painting, retaining walls, pumps, common-property plumbing (s80 of the Strata Schemes Management Act 2015). The plan sets out:
- What's likely to need work
- Roughly when it'll need work
- Roughly what it'll cost
- How the capital works fund will cover it
The whole point is to avoid surprises. Without a plan, you can find yourself short of funds when the roof goes — and a special levy becomes the only option.
What's actually changed
- Prescribed form for every plan. From 1 April 2026, every 10-year capital works fund plan prepared for a scheme must be in the prescribed form (s80(4) and Regulation cl 17I; the form was gazetted on 29 August 2025). That applies to every plan prepared from that date, not just a scheme's first plan.
- The first plan and the developer's schedule. A scheme's first plan must take into account the developer's initial maintenance schedule (s80(1A)).
"We can't afford it" isn't a defence
The owners corporation's duty to maintain and repair common property under section 106 is strict. Not having the money in the fund doesn't excuse it.
Since 27 October 2025, NSW Fair Trading also has direct enforcement powers over that duty (Part 10A of the Act). It can:
- Investigate, with or without a complaint
- Issue a compliance notice setting out the work required and when — the owners corporation has 28 days to appeal to NCAT
- Accept an enforceable undertaking from the owners corporation (which needs a special resolution)
- Apply to NCAT for orders
If the capital works fund is short, the owners corporation has to find the money — usually by a special levy (s81(4)). That's why a realistic, properly funded 10-year plan matters more than ever.
What this means for your scheme
For every scheme we manage, we prepare 10-year plans on the prescribed form. We recommend reviewing the plan regularly — and whenever a major item turns out to need work sooner than expected — so contributions keep pace with what the building actually needs.
If your scheme's plan is out of date and you're not sure where you stand on roof, paint, driveway, retaining walls or fences, let's put it on the next AGM agenda. Do the essential repairs first and the cosmetic items after — painting over a problem that needs structural repair wastes the scheme's money.
Note for 2-lot schemes: a Bill before Parliament would remove the 10-year plan requirement for 2-lot schemes, but as at 14-10-2026 it is not law. Until it is, the requirement applies.
Sources
Strata Schemes Management Act 2015 (NSW), s80 (including s80(1A) and s80(4)), s81, s106, Part 10A. Strata Schemes Management Regulation 2016, cl 17I.