Section 184 certificate explained — the NSW strata information certificate
When you buy an apartment in NSW, one short document tells you what the owners corporation says you're taking on — the levies, the fund balances, any arrears, any special levy. It's the section 184 certificate, and unlike most of the paperwork, it's one you can actually rely on. Here's what it covers and where it stops.
The short version
A section 184 certificate is the official snapshot of a NSW strata scheme's financial position, issued by the owners corporation on request. It states the current levies, whether they're paid up, the balances of the two funds, any special levy that's been struck, and other headline facts about the scheme. Older contracts and agents may still call it a section 109 certificate — that was its name under the previous Act. What makes it different from the rest of the strata paperwork is that the owners corporation is bound by what a current certificate says: a buyer can generally rely on it.
What the certificate discloses
Section 184 of the Strata Schemes Management Act 2015 (NSW) sets out what the owners corporation must certify. The certificate is issued on a prescribed form, and the details it carries are the ones a buyer most needs before committing:
- Current contributions (levies). The amount levied on the lot, how often it's charged, and the period it covers.
- Arrears. Whether the seller owes any unpaid levies, interest or other money to the owners corporation — a debt that can otherwise follow the lot to you.
- The two funds. The balances of the administrative fund and the capital works fund, so you can see what the scheme has actually saved.
- Any special levy. A special contribution that's been struck, and how much of it is still to be paid.
- Insurance. Details of the building's insurance — the insurer, the policy and the sum insured.
- The scheme's structure. Whether there's a strata managing agent, whether a strata renewal (collective sale) committee exists, and other matters the regulation prescribes.
Why you can rely on it
Most of the documents in a contract are simply disclosed — you read them and take your own view. The section 184 certificate is stronger than that. Once the owners corporation issues a current certificate, it is treated as evidence of the matters it states, and the corporation is bound by it in favour of a buyer who takes the lot relying on it. In plain terms: if the certificate says the levies are paid up and no special levy is outstanding, and that turns out to be wrong, the buyer generally isn't left carrying a hidden debt the certificate denied. That protection is exactly why it's worth getting a fresh one rather than an old copy.
Where the certificate stops
The certificate is a snapshot of numbers at a moment in time. It tells you the capital works fund holds, say, a certain balance — but not that the committee has spent three meetings quoting a façade repair it hasn't yet funded, or that water has been coming through a basement wall for two years. For the story behind the figures you need the strata records inspection — the minutes, accounts and repair history. Think of the certificate as the headline and the records inspection as the article; most buyers want both, and they answer different questions.
Getting hold of one
The certificate is applied for from the owners corporation (usually via the strata managing agent) on payment of the prescribed fee, and it's returned within the time the Act allows. In practice the seller or their agent often supplies a certificate with the contract, or a strata search company obtains one as part of a pre-purchase report. Because it's a point-in-time document, a certificate ordered weeks before you exchange can miss a levy or a special contribution raised since — so check the date on it and, if it's stale, ask for a current one.
What to check before you sign
- The date on the certificate. Confirm it's recent enough to reflect the scheme's position now, not months ago. If it's stale, ask for a fresh one before exchange.
- Arrears against the lot. Check the seller is paid up, and make sure any outstanding amount is cleared or adjusted at settlement so you don't inherit it.
- Any special levy. Look for a special contribution that's been struck but not fully collected, and settle in the contract who pays the unpaid part.
- The fund balances. A near-empty capital works fund in an older building is a warning that a special levy may be coming — cross-check it against the records.
- The insurance figures. Confirm the building is insured, and for a sum that reflects its full rebuilding cost.
Common questions
Is a section 184 certificate the same as a strata report?
No. The section 184 certificate is a short official statement the owners corporation stands behind; a strata report (a records inspection) is a wider review of the scheme's minutes, accounts and correspondence. The certificate tells you the numbers and binds the corporation to them; the report tells you the story behind them. Most buyers get both.
What was a section 109 certificate?
The same thing under the old law. Section 109 of the Strata Schemes Management Act 1996 was the predecessor; when the 2015 Act replaced it, the certificate moved to section 184. If you see the older term on a form or in an agent's email, it's referring to today's certificate.
Who pays for it, and how much?
Whoever applies pays the owners corporation the fee set by the regulation. Sellers often provide one to help the sale along; if not, you or your conveyancer can order it. Read it alongside our strata levies guide and the capital works fund guide so the figures actually mean something to you.
Is there an equivalent in Victoria?
Yes — a Victorian owners corporation issues its own certificate, disclosed through the Section 32 vendor statement rather than requested separately. Our Victorian owners corporation guide explains how it works there. For a full pre-signing run-through, the NSW contract review checklist pulls the strata checks together with everything else, and our deposit and settlement guide covers how arrears and levies are adjusted at completion.
Torri is not a lawyer. This guide is general information about property contracts, not legal advice. Always confirm anything you act on with a qualified conveyancer or solicitor.