Wheelchair access can affect how safely and independently people move through a body corporate building. A clear request and a careful decision can help your committee identify practical changes while keeping common-property and lot-owner responsibilities separate.
This guide explains what to consider, who may be responsible, how to make an accessibility request and what to do if the body corporate does not respond.
What does a body corporate need to consider about wheelchair access?
Accessibility should be considered when providing access to lots and common property. Practical issues may include entry doors, hallways, lighting, signage, pathways, ramps, lifts and space for wheelchairs or walking frames.
The needs of people with vision impairment, wheelchair users, people using walking frames, older people and people using prams may differ. A change that improves access for one person may also benefit other residents and visitors.
A body corporate should consider:
- what part of the building or common property is difficult to use
- how the problem affects the person
- whether the issue relates to common property or the person’s lot
- what practical options are available
- the likely cost and ongoing maintenance
- how the change may affect other occupiers
- whether professional advice is needed.
The cost, the body corporate’s financial circumstances and the effect on other people are sensible factors to consider. The decision should be based on the particular scheme and the information available, rather than assumptions about a person’s needs.
Queensland’s Guide, Hearing and Assistance Dogs Act 2009 also gives specific access rights to people who rely on certified guide, hearing or assistance dogs. A person with a disability who relies on one of these dogs may be accompanied by the dog in a place of accommodation, public place or public passenger vehicle. The Body Corporate and Community Management Act 1997 also protects the right of a person with a disability who relies on a guide, hearing or assistance dog to be accompanied by the dog on a lot or common property.
For more information about assistance dogs, see assistance animals in a body corporate.
Who is responsible for accessible common property?
The body corporate and lot owners share maintenance responsibilities. Start by checking the scheme’s survey plan and community management statement, including the regulation module that applies to the scheme. These documents help identify the boundaries between lots and common property.
A body corporate must maintain common property in a good and structurally sound condition. A lot owner must maintain their lot in good condition. The exact responsibility can depend on the type of survey plan and the location of the item or area involved.
The body corporate may need to consider access issues involving common property, such as:
- a shared entry
- a common hallway
- a pathway
- a ramp or lift
- a shared gate or door
- lighting or other common-property infrastructure.
A lot owner may be responsible for an issue inside their lot. However, a change inside a lot can still affect common property or other residents. Owners should check the scheme’s by-laws and obtain approval where required before starting work.
Maintenance is different from an improvement. Replacing something with a similar item may be maintenance, while adding, removing or changing something may be an improvement. The distinction matters because different approval processes may apply.
The body corporate should also check whether a by-law affects the proposed use of common property. By-laws can regulate the use and enjoyment of lots, common property, body corporate assets, services and amenities supplied by the body corporate. A by-law must not be oppressive or unreasonable, having regard to the interests of owners and occupiers and the use of common property.
How should a body corporate assess an accessibility request?
A written request gives the committee enough information to understand the problem and consider an appropriate response. It does not need to use legal language.
The request should explain:
- who is experiencing the access problem
- where the problem occurs
- what the person cannot safely or reasonably do
- what change is being requested
- whether the request is urgent
- whether there are quotes, plans, photographs or other useful information.
It can help to inspect the area with the person who uses it. A committee may also need advice from a building professional, access consultant, engineer or other qualified expert. This may help identify whether a proposed ramp, door alteration, handrail, lighting change or other work is safe and suitable.
The committee should consider whether the proposed work is maintenance or an improvement. If it is an improvement, the required approval depends on the type of scheme, the regulation module and the cost. For schemes covered by the Standard, Accommodation or Small Schemes Module, the improvement limits include:
- up to $300 multiplied by the number of lots, subject to the relevant committee spending limit
- more than that amount and up to $2,000 multiplied by the number of lots, requiring an ordinary resolution at a general meeting
- more than $2,000 multiplied by the number of lots, requiring a special resolution at a general meeting.
If several improvements form one project, approval is based on the total project cost. The committee should confirm which regulation module applies before relying on these limits.
The committee should record the information considered, the options discussed, any expert advice and the reasons for its decision. A clear record helps the body corporate explain its decision and identify any further information needed.
Can an owner request changes to common property?
Yes. An owner can ask the committee or body corporate to consider a proposed change to common property. An owner should not start work without approval.
For an owner improvement to common property in a community titles scheme, the committee can approve the work if:
- the total cost is less than $3,000
- the improvement does not detract from the appearance of a lot
- the body corporate is satisfied that use and enjoyment of the improvement is not likely to breach the owner’s duties as an occupier, such as by causing a nuisance.
If the committee cannot approve the work, the proposal must be authorised by ordinary resolution at a general meeting. The owner must comply with approval conditions, maintain the improvement and give the body corporate details of the work and its value. The owner may also have to pay an increase in the body corporate’s insurance premium caused by the improvement.
An owner may request permission to install an access feature near their lot. The committee would need to consider the location, appearance, safety, effect on common property, maintenance arrangements and any conditions of approval.
The owner should provide a clear proposal rather than asking the body corporate to investigate an undefined problem. Quotes, drawings, product information and a proposed maintenance arrangement can make the request easier to assess.
An owner may also submit a motion to the committee personally, by post, fax or email. If the committee cannot decide the matter, a motion may need to be submitted to a general meeting.
The approval process for an owner improvement is separate from who must maintain existing common property. If an access problem results from a failure to maintain common property, the body corporate should consider its maintenance responsibility rather than treating every request as a private improvement.
For more information, read our body corporate maintenance factsheet.
What should an accessibility improvement proposal include?
A useful proposal should be specific enough for the committee to make a decision. It should include:
- the location of the proposed work
- photographs or a simple plan
- a description of the access problem
- the proposed solution
- one or more quotes
- details of the installer or contractor
- any required professional reports
- the expected construction timeframe
- how residents and visitors will access the area while work occurs
- who will maintain the improvement
- whether the work may affect insurance
- whether approval from another authority may be needed.
The proposal should explain the practical outcome. It may allow a resident to move between the entrance and their lot without assistance, use a shared facility more safely or operate a door more easily.
The committee should consider alternatives if the first option is not suitable. A ramp may be useful in some locations. In another, a different door mechanism, handrail, lighting arrangement or route may be more appropriate.
The body corporate should not assume that a building’s age or original design answers the request. It should assess the current issue, the proposed work and the circumstances of the scheme.
If the proposal is approved, the decision should state who is responsible for arranging the work, paying for it, maintaining it and repairing any damage. Conditions should be clear and practical.
What can you do if the body corporate does not respond?
Start by writing to the committee or body corporate manager. Describe the access problem, state the outcome you are seeking and attach supporting information. Written communication creates a useful record of the request and response.
Self-resolution is required before taking other dispute resolution steps. It may involve communicating in writing, presenting a motion to the committee or presenting a motion to a general meeting.
For a community titles scheme under the BCCM Act, the committee must vote on a motion within 6 weeks, unless it tells the owner that it needs up to an additional 6 weeks. The committee does not have to vote on a motion if the owner has already submitted a motion about the same issue or has submitted 6 or more motions within the last 12 months. An urgent safety issue can be identified when asking the committee to consider the matter.
If the committee cannot decide the proposal, ask for the matter to be placed before a general meeting. Keep copies of correspondence, quotes, photographs, motions, meeting notices and minutes.
If self-resolution fails, you may be able to apply for dispute resolution through the Office of the Commissioner for Body Corporate and Community Management. In most BCCM Act disputes, conciliation is the compulsory first step, and you will be asked to show that you tried to resolve the issue first.
You can read more about the process in resolving disputes in a body corporate community.
Wheelchair access requests are best handled through a clear assessment of the access problem, the relevant maintenance or improvement responsibility and the approval process for the scheme. If you need help preparing a motion or understanding the body corporate process, contact our team at reception@stratacare.com.au.
