ABSTRACT

Jurisdictions worldwide are changing their laws to facilitate the redevelopment of multi-unit blocks. New South Wales (NSW) is one of the first Australian jurisdictions to introduce this change, with new laws in effect since July 2016. This chapter outlines the nature of these changes, and considers whether they are legally and socially justifiable. It highlights how the new strata termination model raises many of the same legal and social issues as compulsory acquisition laws, but offers fewer protections to dissenting owners. The chapter outlines some public reactions to the issues raised by the new termination model, drawing on the results of a multi-year, mixed-methods research study conducted in the lead-up to the legislative change. One way to assess the new strata termination process is to consider how it aligns with compulsory acquisition by state agencies, and whether it provides dissenting owners with similar protections against unjust treatment.