Maintenance responsibility is not always straightforward in a body corporate, particularly under a building format plan. The survey plan, regulation module and statutory exceptions help determine whether the body corporate or a lot owner must arrange the work.
Who is responsible for maintenance under a building format plan?
In Queensland, the Body Corporate and Community Management Act 1997 provides the framework for community titles schemes. The regulation module applying to your scheme then sets out property management obligations.
The usual position is:
- The body corporate maintains common property.
- The owner maintains their lot.
- Special rules can make the body corporate responsible for some structural elements within a lot boundary.
A body corporate must maintain common property in good condition and, where it is structural, in a structurally sound condition. An owner must maintain their lot in good condition, except for parts the applicable regulation module requires the body corporate to maintain.
The location of an item matters, but it is not the only test. A part of a building can sit within a lot boundary and still be a body corporate responsibility.
A useful way to assess an issue is to ask:
- Is the relevant part common property?
- Does the legislation or regulation module give the body corporate an additional maintenance responsibility?
- Does an exception apply?
- Has an owner or occupier installed, altered or damaged the item?
Record the answer carefully, particularly where the proposed work is expensive or could affect several lots. You can also read our body corporate maintenance factsheet for a broader overview.
How do you identify lot boundaries and common property?
The first step is to obtain the scheme’s registered survey plan. The Queensland Government recommends checking both the survey plan and the community management statement. The community management statement identifies the regulation module applying to the scheme.
A building format plan defines land using the structural elements of a building, including floors, walls and ceilings. Where a lot is separated from another lot or common property by a floor, wall or ceiling, the boundary is generally located at the centre of that structure.
This centre-line approach can make responsibility difficult to see from inside a lot. The visible surface of a wall, ceiling or floor is not necessarily the legal boundary.
As a general guide:
- Areas outside the lot boundaries are usually common property.
- Interior areas within lot boundaries are generally part of the lot.
- The survey plan can show whether a balcony, garage, courtyard or other area is included in a lot.
- The plan may use projections or references to structural elements to define a lot.
A survey plan is a technical document. Lines, symbols and notes may not be obvious, especially on an older or complex plan. A qualified surveyor may be needed where the boundary is unclear or disputed.
The survey plan is not the only test. The Act’s common-property framework also affects how responsibility is assessed.
You can request a copy of the registered survey plan and community management statement from Titles Queensland. Keep both documents with the scheme’s maintenance records so the committee can refer to them when issues arise.
What extra maintenance must the body corporate handle?
For a scheme with lots created under a building format plan, the applicable regulation module gives the body corporate additional responsibilities. These can apply even where the relevant element is not common property.
Under the Standard Module, the body corporate must maintain:
- Railings, parapets and balustrades on, or effectively on, the boundary between a lot and common property.
- Doors, windows and associated fittings in a boundary wall separating a lot from common property.
- Roofing membranes that are not common property but protect lots or common property.
- Foundation structures.
- Roofing structures that provide protection.
- Essential supporting frameworks, including load-bearing walls.
The Accommodation Module contains the same building format plan categories. However, the section numbers and other property management provisions differ between regulation modules. The committee should confirm which module applies before relying on a particular provision.]
These responsibilities mean the body corporate cannot avoid responsibility simply because a structural element sits within the boundaries of a lot.
They do not mean that every item inside a lot is maintained by the body corporate. The condition, function, location and purpose of the item still need to be considered.
There are also exceptions. The body corporate is not responsible for fixtures or fittings installed by an occupier for that occupier’s own benefit. An owner is responsible for certain utility infrastructure that supplies services only to that owner’s lot, including items such as hot-water systems, washing machines, clothes dryers, solar panels, air-conditioning systems and television antennae.
The same exceptions appear in the Accommodation Module, subject to the wording of that module.]
An owner may also be responsible for a shower tray serving their lot, whether or not the tray forms part of the lot. This is one reason the boundary cannot decide every maintenance question.
What do owners usually maintain inside their lots?
An owner will generally maintain non-structural parts of their lot. This can include internal painting, plasterboard, skirting boards, floor coverings, cupboards, benches, toilets, shower screens and vanities.
The owner’s responsibility is subject to any part that the applicable regulation module requires the body corporate to maintain. For example, the body corporate may remain responsible for structural framework or a roofing membrane that protects another lot or common property.
The practical distinction is often between structure and finishes:
- Structural walls and supporting frameworks may be body corporate responsibilities.
- Non-structural internal finishes are usually the owner’s responsibility.
- Fixtures and fittings installed by an owner or occupier for personal benefit are generally not body corporate maintenance items.
- Owner improvements may need to be assessed separately from original building elements.
Cracks inside a lot should not be allocated by appearance alone. A superficial crack may be part of the owner’s ordinary maintenance, while a crack caused by a structural defect may require a different response. An inspection by an appropriately qualified person can help identify whether the issue relates to a finish, movement, water entry or structural condition.
The owner’s obligation also includes utility infrastructure within the lot that is not common property. If that infrastructure needs replacement, the owner must replace it.
An owner should avoid repairing, removing or altering a possibly structural item before the body corporate has considered the issue. Early work can make it harder to identify the cause and may affect access, insurance or the allocation of costs.
For issues involving pipes, cabling or other shared services, responsibility can be different. Our guide to utility infrastructure provides further practical information.
Who maintains roofs, balconies, windows and foundations?
Roofs and roofing membranes
A roofing structure is treated differently from ordinary internal finishes. The body corporate must maintain roofing structures providing protection in a structurally sound condition, including where the structure is not common property.
The body corporate must also maintain a roofing membrane that protects lots or common property, even if the membrane is within a lot boundary.
This can apply to a membrane beneath a balcony or patio where the area also protects a lot or common property below. The committee should establish what the membrane protects and obtain appropriate advice before deciding responsibility.
Balconies and balustrades
A balcony can contain several different elements, with responsibility divided between the owner and the body corporate.
The body corporate is generally responsible for balustrades and railings on the boundary between a lot and common property. It is also responsible for the structural condition of relevant supporting frameworks and slabs where the building format plan provisions apply.
Owners generally maintain non-structural balcony components, such as internal painting and other finishes within the lot. Balcony tiles and other surface finishes should not be allocated automatically without checking the plan, the applicable regulation module and the nature of the proposed work.
If a membrane or structural element needs investigation, the body corporate should consider how access will be arranged and whether other work is required. Costs connected with a single balcony issue may not all belong to the same party.
For more information, see apartment balconies: issues and responsibilities for strata residents.
Windows and doors
Original doors, windows and associated fittings in a boundary wall between a lot and common property can be body corporate maintenance items. This does not mean that every window or door in a lot is the body corporate’s responsibility.
Doors and windows in a non-boundary wall will generally remain the owner’s responsibility. An owner’s later improvement, replacement or alteration may also need to be considered separately from the original building element.
The committee should check whether the wall is a boundary wall on the registered plan and whether the item is original, altered or installed for the benefit of one lot.
Foundations and supporting frameworks
Foundations may be located within the boundaries of a lot but still be a body corporate responsibility. The body corporate must maintain foundation structures and essential supporting frameworks, including load-bearing walls, in a structurally sound condition where the building format plan provisions apply.
The rule that everything inside the lot is the owner’s responsibility is unreliable. Structural maintenance may remain with the body corporate even when the relevant element is not common property.
What should you do when responsibility is unclear?
When a maintenance issue is disputed, work through the documents and the physical circumstances in a consistent order.
- Describe the item precisely. Identify whether it is a wall, membrane, pipe, window, fitting, finish or structural element.
- Check the registered survey plan. Confirm the relevant lot boundary and whether the item is shown as common property.
- Check the community management statement. Confirm the regulation module and look for relevant provisions, including exclusive use arrangements.
- Check statutory exceptions. Consider shared utility infrastructure, owner-only equipment, occupier-installed fixtures and the additional building format plan responsibilities.
- Obtain an inspection or report where needed. A surveyor, engineer, building professional or other qualified expert may be appropriate, depending on the issue.
- Record the decision. The committee should keep the plan, reports, photographs, quotations and reasons for its decision.
- Act reasonably and promptly. Delaying necessary maintenance can increase damage and make responsibility harder to resolve.
The body corporate must maintain common property and the owner must maintain the lot, but the applicable regulation module can place responsibility differently for particular building elements.
If an owner does not carry out work they are responsible for, the body corporate may be able to arrange the work and recover the reasonable cost as a debt.
Before taking that step, the body corporate should make sure the responsibility is properly established and that the owner has been given a clear opportunity to address the issue. If the dispute concerns a boundary or structural condition, expert advice can help the committee make a defensible decision.
A building format plan does not answer every maintenance question. The survey plan, applicable regulation module and statutory exceptions together determine who must maintain the relevant part. If your committee or body corporate needs help reviewing a maintenance responsibility, contact StrataCare at reception@stratacare.com.au.
