A recent BCCM case reinforces that managing health and safety risks, even where only beneficial to limited lot owners, is a requirement of a body corporate.
Recent decision
An Adjudicator from the Commissioner’s Office recently considered if a body corporate had to install a handrail to a flight of stairs leading to its pool.
When the scheme was established, the building codes may not have required the handrail. However, safety consultants identified the lack of a handrail as a safety issue in 2003 and again in 2025 and an owner tried, unsuccessfully, to have the body corporate deal with the issue.
The Adjudicator determined that the body corporate was required to install a handrail to comply with its legislative obligations to:
- manage the common property (including risks to health and safety); and
- maintain the common property.
On that basis, it wasn’t necessary for the Adjudicator to decide whether the lack of a handrail may also be contravening other legislation.
What this means for you
Bodies corporate must comply with their legislative obligations for the common property, including managing risks to health and safety.
As the Adjudicator outlined:
[58] The fact that an issue is raised by an owner, however, does not relieve the body corporate of its duties. Generally speaking, once on notice of a genuine issue and having confirmed it is a body corporate responsibility, the body corporate must act reasonably in making decisions to resolve it. The body corporate is also obligated to manage and maintain the common property even where only one or a limited number of owners will benefit.
