What You Need to Know About Access Orders in Strata
Living in a strata property can be great. Shared gardens, lower maintenance, a sense of community. But it also means living close to others, and sometimes, that can lead to issues. One tricky situation is when someone needs access to another lot or common property to carry out repairs or building work—and the owner or occupier doesn’t agree.
This is where access orders come in. If you're in the middle of a strata standoff, understanding how access orders work can save you time, stress, and possibly a few friendships.
What Is an Access Order in Strata?
An access order is a legal tool under section 122 of the Strata Schemes Management Act 2015 (NSW). It allows someone to apply to the NSW Civil and Administrative Tribunal (NCAT) to gain temporary access to another lot or common property when it's reasonably necessary for repairs, maintenance, or improvements.
This isn’t about barging into someone’s home uninvited. It’s about solving a problem when cooperation breaks down.
When Would You Need an Access Order?
Here are some common situations:
You need to fix a water leak, but the pipes are behind your neighbour’s wall.
You’re replacing windows, and scaffolding needs to go through common areas.
The owners corporation needs access to your balcony to waterproof the building.
Now, most of the time, people agree to reasonable requests. But not always. Maybe they’re worried about privacy, safety, or just don't trust the process. That’s when legal intervention may be needed.
Real Life: When Things Get Complicated
Picture this. A top-floor owner discovers their ceiling is damp. Turns out, the waterproofing on the upstairs balcony (owned by someone else) is failing. They ask for access to inspect and fix it. The upstairs owner refuses. They don’t want strangers on their balcony and claim the damage isn’t their problem.
This is a classic scenario for an access order. Without cooperation, the only way forward is through NCAT. It’s not fun for anyone, but it’s sometimes the only way to get the repairs done.
What Does the Law Actually Say?
Under section 122, access must be:
With proper written notice (at least 14 days, unless it’s an emergency)
If the lot owner or occupier doesn’t agree, the person needing access can apply to NCAT for an order. The Tribunal can then decide whether access should be granted, and under what conditions.
It’s not just about ticking boxes. The Tribunal looks at whether the access is truly needed and if the proposed arrangements are fair and respectful.
Applying to NCAT isn’t just filling out a form. You’ll need to:
Show you’ve made genuine attempts to get consent
Explain why the work is necessary
Provide details of what access is needed, when, and for how long
Suggest ways to minimise disruption (like time limits or supervision)
If the Tribunal agrees, they can make an order that gives temporary access, including specific conditions. They might say the owner must be given notice before each visit or that the work must be done during business hours.
It’s a structured process, but emotions can still run high. You’re asking for access to someone else’s private space, even if it’s just a balcony or wall cavity.
Yes. The big one is relationship breakdown. Strata living already comes with a few tensions. Taking someone to NCAT can turn a neighbourly disagreement into a long-term grudge.
There’s also the chance that your request is denied. If the Tribunal thinks the access isn’t truly necessary or that you haven’t been reasonable, your application might fail.
Costs can creep in too. While NCAT is relatively low-cost, you might still need reports, legal help, and time off work.
How to Avoid a Full-Blown Legal Dispute
Before rushing to NCAT, try these steps:
Open the conversation: Sometimes people just want reassurance. Explain what the work involves and why it matters.
Put it in writing: A friendly but clear written request with timelines and contact info can go a long way.
Offer guarantees: Let them know how their property will be protected and restored.
Mediation: If things are tense, a neutral third party can help you both find middle ground.
A lot of disputes aren’t about the access itself—they’re about how it’s asked for. Clear, respectful communication can prevent a legal mess.
Access orders are a last resort when consent for access in strata can’t be reached.
They’re granted under section 122 of the Strata Schemes Management Act 2015 (NSW).
The access must be reasonably necessary, with written notice given.
NCAT can impose conditions to make access fair and non-intrusive.
Trying to resolve things first through clear communication or mediation can save time, money, and neighbourly goodwill.
Considering Legal Support?
If you’re stuck in a strata dispute over access and nothing is working, it might be time to get advice from someone who knows this area inside out. Strata lawyers can help you weigh up your options, draft the right documents, and navigate NCAT without added drama.
Can someone enter my unit without my permission?Not legally, unless it’s an emergency or there’s a valid access order from NCAT.
What if I refuse access and the other party damages property trying to force it?That can backfire badly. Always seek legal advice before blocking access if the issue is serious.
How long does an access order last?It usually lasts just long enough to complete the specific work. Conditions can include time limits.
Is emergency access different?Yes. In emergencies, access can be taken without consent—for example, to stop flooding or fire damage.
This article is general information only and not legal advice. Always speak to a qualified lawyer about your specific situation.