Phase Two of the WA Strata Titles Act Review

Almost a year after the Government’s initial consultation phase of the five-year statutory review of the Strata Titles Act 1985 (WA), the ‘Phase Two Discussion Paper’ has now been released for public consultation.

The Phase Two Public Consultation period runs from 15 October 2026 to 26 November 2026 and seeks feedback from the public and stakeholders on various practical reforms developed in response to the issues raised during the initial consultation phase. The proposed reforms are intended to strengthen scheme operations and improve strata living without imposing additional costs on lot owners.

The proposed reforms to strata in WA are encouraging. However, it’s clear the Government is taking a phased and cautious approach to these reforms to avoid rushing complex regulatory changes that require deeper legal and operational review. The reforms will have an impact on lot owners / occupiers, strata companies, strata managers, developers, and buyers of strata lots. Although, we expect it will be some time before any of these proposed reforms are enacted. 

The proposed reforms in the Phase Two Discussion Paper include:

• Updating pre-contractual disclosure obligations for sellers;
• Enhancing short-term rental accommodation provisions to deal with cost recovery for lots being used for short-term rental accommodation (e.g., damage to common property);
• Revising structural alteration provisions to simplify decision making and approvals for alterations and renovations of lots and common property, including sustainability infrastructure;
• Greater transparency around strata manager fees, commissions, conflicts of interest and annual returns;
• Improved transparency for levies and budget presentation, including payment plans for owners experiencing financial hardship;
• Modernisation of governance and conduct by-laws, including a reduction in the resolution threshold for the creation, amendment or revocation of by-laws;
• Clarifying duties and functions of strata council members; and
• Re-examining scheme termination provisions. 

A number of complex issues (e.g., mandatory trust-account audits, limits on developers holding proxies and strata council positions, standardised by-laws, alternative dispute resolution processes, rectification of building defects, and funding of 10-year maintenance plans) have been flagged for future consideration rather than reform.

Submissions close on 26 November 2026, and feedback received will inform the final report to the Minister for Planning and Lands and, ultimately, Parliament. 

The full Phase Two Discussion Paper, Summary Guide and online consultation form can be found here: https://www.landgate.wa.gov.au/strata-and-community-titles/strata-titles/strata-law-and-reform/five-year-review-of-was-strata-law/

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This article was written by Michael Stone, Senior Associate, Real Estate.