Common-property hazards can affect access, safety and the condition of body corporate property. A practical maintenance process helps committees identify concerns early and organise suitable action.
This article explains who maintains common property, what to look for and how committees can assess and manage hazards.
How can a body corporate keep common property free of hazards?
Keeping common property in good condition requires regular attention from the committee, lot owners, residents and contractors.
A practical approach includes:
- encouraging residents to report hazards promptly
- inspecting shared areas regularly
- recording identified concerns
- assessing how urgently each issue needs attention
- arranging repairs or other controls
- checking that completed work has addressed the problem.
A specialist assessment may help when a hazard is complex, widespread or difficult for the committee to evaluate.
What is common property and who maintains it?
Common property generally covers shared areas and facilities that are not included within an individual lot. The body corporate manages and controls this property on behalf of owners.
Depending on the scheme, common property may include:
- gardens, lawns and grounds
- foyers, stairs, lifts, ramps and walkways
- access roads and shared car parking areas
- roofs, foundations and external building areas
- pools, barbecues and other shared facilities
- pipes, wiring and other shared infrastructure
- some walls, doors, windows, balcony structures and balustrades.
This is not a definitive list. The registered survey plan shows the boundaries of the lots and common property. Those boundaries differ between building format and standard format plans. The applicable regulation module is recorded in the scheme’s community management statement.
Once those documents have been checked, the committee can determine whether the work is the responsibility of the body corporate or a lot owner. Our body corporate maintenance factsheet and information about building format plan maintenance provide further guidance.
A body corporate must maintain common property in good and structurally sound condition, while each lot owner must maintain their lot in good condition.
Which common-property hazards should a body corporate look for?
The hazards present will depend on the property’s design, facilities, condition and use. Common concerns may include:
- loose flooring, damaged paths or uneven surfaces
- water on floors or leaking shared pipes
- loose handrails or damaged balustrades
- poor lighting in shared access areas
- damaged doors, gates or other shared structures
- items obstructing hallways, stairs or walkways
- deteriorating pool or recreational facilities
- damaged electrical fittings or exposed infrastructure
- maintenance work that creates dust, noise or restricted access.
Hallways, stairs and walkways should be kept clear where possible. Unobstructed access also helps residents move through the property during an emergency.
The Body Corporate and Community Management Act 1997 provides that occupiers must not use a lot or common property in a way that causes a nuisance or hazard, or unreasonably interferes with another person’s use and enjoyment. This also applies when an occupier allows a visitor to behave in that way.
Examples may include obstructing access to common property, unreasonable noise, dust, odours or glare.
How should a body corporate assess and control hazards?
Start by recording what was found, where it is located and how it affects people or property. Photos and clear descriptions can help the committee understand the issue and brief a contractor.
The committee should consider:
- who could encounter the hazard
- how serious the possible outcome may be
- whether immediate access restrictions are needed
- what repair or control could address the issue
- who is responsible for the affected area
- how the control will be checked after implementation.
An immediate control might involve isolating an area, removing an obstruction or arranging urgent attendance. Longer-term action may require repairs, replacement, ongoing servicing or changes to maintenance arrangements.
For more complicated concerns, a suitably qualified specialist can inspect the property and prepare a safety report. This may identify hazards, recommend controls and help the committee prioritise remedial work.
When should common property be inspected?
There is no single inspection schedule that suits every body corporate. Committees should set a practical frequency based on the property’s condition, facilities and maintenance needs.
An additional inspection may be sensible after:
- building or landscaping work
- changes to how an area is used
- damage or an incident
- reports from residents or contractors
- repairs to an existing hazard.
Applicable fire safety requirements have their own maintenance, testing and record-keeping processes.
For covered buildings with prescribed fire safety installations, the installations must be maintained in accordance with Queensland Development Code MP 6.1. The building occupant must also provide a yearly occupier’s statement confirming that the installations have been maintained to the relevant standard or recommendation.
What should the committee do after finding a hazard?
The committee should first address any immediate risk, then confirm whether the affected location is common property or part of a lot. The survey plan and regulation module will guide who is responsible for the work.
The committee can then:
- document the issue and any temporary controls
- obtain appropriate advice or quotations
- arrange authorised maintenance or repairs
- notify affected residents when access will be restricted
- keep relevant inspection and maintenance records
- review the area after work is completed.
If a person’s behaviour is causing the hazard, the first step is to try to resolve the matter directly, preferably in writing, and document repeated or ongoing behaviour. If self-resolution fails, conciliation may be available for disputes covered by the BCCM Act.
Committees may also wish to review their body corporate insurance arrangements when significant damage or remedial work is involved.
Clear reporting, regular maintenance and timely action help keep common property in good condition and reduce avoidable risks. For assistance coordinating your body corporate’s maintenance requirements, contact StrataCare at reception@stratacare.com.au.
