A sustainability infrastructure by-law is one form of ‘sustainability infrastructure resolution’ (defined in section 132B of the SSMA) which seeks to change the by-laws of the strata scheme for the purposes of the installation or use (or both) of ‘sustainability infrastructure’.

‘Sustainability infrastructure’ means a change to part of the common property (including installation, removal, modification or replacement) for any one or more of the purposes in the below table under Column A.

Before approving a sustainability infrastructure resolution (and thereby, a sustainability infrastructure by-law), the owners corporation must consider those matters in the below table under Column B.

Approving a sustainability infrastructure resolution by-law requires a special resolution of the owners corporation, though at a lower threshold than an ordinary special resolution.

This special resolution requires:

• the resolution to have been passed at a properly convened general meeting; and
• of the value of votes cast – less than 50% are against the resolution.

Column A – Changes to common property which fall within sustainability infrastructure

Column B – Matters which must be considered

– to reduce the consumption of energy or water or to increase the efficiency of its consumption. – to reduce or prevent pollution. – to reduce the amount of waste sent to landfill. – to increase the recovery or recycling of materials. -to reduce greenhouse gas emissions. – to facilitate the use of sustainable forms of transport (e.g. installing electric vehicle charging stations). – a purpose prescribed by the SSMR.

– the cost of the sustainability infrastructure and works including any expected running and maintenance costs. – who will own, install and maintain the sustainability infrastructure. – the extent to which the use of the sustainability infrastructure will be available to all or some of the lots in the strata scheme. – any matter prescribed by the SSMR.

How can we help?

Services which the Bannermans By-Law Team provides to owners corporations and owners:

• Review existing by-laws, following which the team can:
  • advise on the validity and suitability of current by-laws.
  • suggest new by-laws for the scheme’s circumstances (if applicable).
  • re-organise, index and digitise a scheme’s by-laws.
• Draft by-laws (including the associated motion and consent form).
• Attend to consolidation and lodgment of by-laws for registration with NSW LRS.

Services which the Bannermans Strata Dispute Team provides to owners corporations and owners:

• Provide advice.
• Represent you at meetings.
• Represent you at mediation, NCAT and appellate courts.

For more information on by-laws or any legal enquiries, please contact Bannermans Lawyers at 02 9929 0226 or at enquiries@bannermans.com.au.

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

Prepared by Bannermans Lawyers

15 January 2026