If your scheme has a by-law banning solar panels because they'd "spoil the look" of the building — that by-law is now invalid. From 1 July 2025, NSW strata schemes can't block sustainability infrastructure based on appearance. AGMs must also now consider sustainability as a standing agenda item.
What the change actually says
By-laws that ban sustainability infrastructure on the basis that it would negatively affect the external appearance of common property or the owner's property are now banned. The only exception is buildings that are heritage-listed or in a heritage conservation area.
This applies whether the by-law was passed before or after 1 July 2025.
What counts as sustainability infrastructure?
NSW Fair Trading lists examples including:
- Solar panels and battery storage
- EV charging equipment
- Electricity meters and sub-metering
- Sustainable building materials, fixtures and fittings
Sustainability now on every AGM agenda
Every owners corporation must now include an agenda item at each AGM to consider environmental sustainability. This must include:
- The scheme's common property annual energy consumption and expenditure
- The scheme's common property annual water consumption and expenditure
And when preparing capital works fund estimates each year, owners corporations must now consider costs for sustainability infrastructure — installation, replacement and repair.
What this means for your scheme
For owners wanting solar or an EV charger: the path is clearer. A blanket "no, it'll look bad" response is no longer valid. Approval still needs to be sought via the right process (usually a common property rights by-law), but the appearance excuse is off the table.
For committees: it's worth proactively reviewing your by-laws. If you've got an old one that bans these on appearance grounds, it's effectively dead weight. You may want to repeal it cleanly to avoid confusion.
For everyone: AGMs need a sustainability item. We'll add this to our standard agenda template so it doesn't get missed.
How approvals still work
Removing the appearance ban doesn't mean owners can install whatever they like without approval. Solar, EV chargers and similar still need:
- A common property rights by-law (where the equipment is on common property)
- Compliance with safety, electrical and engineering requirements
- Insurance considerations addressed
- A clear position on who pays for ongoing maintenance
What's changed is that the committee can't refuse purely on aesthetic grounds — they need a real reason.
Source
NSW Government — Guide to strata law changes for strata committees and owners (1 April 2026): nsw.gov.au/housing-and-construction/strata/guide-to-strata-law-changes-for-strata-committees-and-owners