Something that comes up time and again in body corporates is who pays for what?
The body corporate is responsible for common property. The lot owner is responsible for the lot.
Issues arise in determining what is common property and what is the lot, since boundaries will differ between plans.
There are two types of plans in Queensland: Standard Format Plans which are horizontal developments like gated communities, and Building Format Plans which are vertical developments such as high rise buildings.
What is common property, hence body corporate responsibility, and what is the lot, hence owner responsibility is determined by the plan of the subject body corporate. Below is an Infographic which compares differences.
I cannot stress the importance of finding out the boundaries of your lot.
The body corporate cannot pay for works that are lot owner responsibility. It’s not fair use of group funds.
Equally there is no sense paying for something that is body corporate responsibility.
As important, undertaking repairs works that are not yours to arrange can actually lead to conflict with the Committee. Body corporates are often complex and made more so by the legislation they must act within, and random acts, even kind acts, can have consequences you’ve not considered.
You might also like: Common Property which discusses how to find out if your body corporate is a building format plan or a standard format plan.
Unless stated otherwise all the information on this website relates to Queensland legislation.
Hi ,
Thanks for all your helpful articles. I am from Victoria how do I find out my building OC format is Building Format plan or Standard Format plan? Are the roof cover whole 3 story ( ground floor , first and top floor ) and foundation of the building common property ?
Hi Rox
BFP and SFP is a QLD thing. You would need to check VIC legislation to find out what happens locally.
Sorry I can’t help.
What does body corp insurance pay for in a unit under a standard format plan if unit has shared adjoining walls
Hi Kevin
Body corporate insurance covers the structure of the building which will be the internal walls and floors, though carpets or hardwood floors are seldom covered being classed as a content.
Contents are explicitly NOT covered.
It is likely there is additional cover for fixtures and improvements. Imagine you turned your unit upside down … anything that wouldn’t move would be considered a fixture. So kitchen benches if they’re fixed, hard shower screens etc.
Hi, I am having an issue with who is responsible for the stopcock (water mains shut off valve) to my townhouse, in an SPF. Any thoughts?
Thanks, Alan
Hi Alan
If the water mains shut off valve serves just your townhouse then it is your responsibility, notwithstanding it may be located on common property.
If it serves more than one townhouse then it is common property and body corporate responsibility.
In SFP’s there are usually shut off valves for each lot.
Hi Lisa,
In Standard Format, are the walls between common area the responsibility of the lot owner or body corporate? Thanks.
Hi Victor
In a SFP there should not be any walls between the lot and common property.
There may be walls between one lot and an adjoining lot or lots. That wall will be the responsibility of the two lot owners concerned.
Hi Lisa. We have a townhouse complex under standard format plan. The group titles plan document shows that the townhouses have walls which are right on the boundary between the lots and the common property. However, it looks like the buildings don’t actually cross over the boundary. It sounds like you would expect that painting the walls in that case would be the responsibility of the lot owner, is that right?
Is it different where the townhouse has a fence on the boundary with the outside world, ie would the body corporate be responsible for painting the fence? And if so, would the body corporate be responsible for painting just the outside of the fence, or both inside and out?
Thanks for any pointers you can provide.
Hi Rob
This is a difficult question to answer because I have not seen anything similar. In a standard format plan the building envelopes are usually wholly contained within the lot, not on the boundary. I would still anticipate that the lot owner is responsible for maintenance, including painting.
If there is a fence between the lot and common property then the Dividing Fences legislation applies … meaning costs are 50/50 split between owners, in this case the lot and body corporate. In the case of painting I think both parties must discuss with each other but usually each party can have what colour they want as there are two sides to a fence.
Thanks for these thoughts Lisa. I think what you said seems most practical and lines up pretty well with what I can I see from the government’s webpages on body corporates.
If an owner who owns 2 lots side by side wanted to break through the wall between them to make a bigger unit, could they do that? Would they have to get permission from the BC, and would it have to be a special resolution? I’m in a three lot complex.
I noted the recent ruling on Albrecht regarding joining two balconies and wondered it applied here. Our adjoining walls are double brick.
Hi Louisa
You need to speak with a Solicitor about this. The wall between the two lots is common property. And there also likely be fire safety issues with walls and ceilings and it may be load bearing. So you cannot simply take the wall down without some investigation, and that’s simply from a practical standpoint.
From the body corporate perspective yes, it is different from Albrecht which revolved around allocation of common property to a lot and voting. It doesn’t sound like you are trying to push into common property, just join two lots.
You will need to discuss with a surveyor / builder and your strata manager. It is possible to join two lots and you will need approval of owners. Its not difficult however and has been done many, many times. But is a re-subdivision of existing lots and those lots must be cancelled and reregistered as one lot which impacts the body corporate documentation which must all be redone at the lot owners cost. That’s in addition to the practical issues of fire and building safety.
Can you apply a levy in a standard format plan in qld
Hi Brian
I don’t understand your question. Bodies corporate can absolutely apply levies, assuming said levy is validly approved at a general meeting. It makes no difference whether they are standard format or building format plan.
I live in and own, a 4th floor unit in a body corporate appt building. All balconies in my block (above and below) have been previously built-in to a uniform design, with bricks and windowframes. I assume that this was agreed to at the time by the BC committee.
We are now getting water ingress through the now exterior wall, and waterproofing is required. Could you please advise whether it is a BC or unit owners responsibilty, and why that is?
Hi Tony
It depends on who did the extension. Usually it would be something that is approved by the body corporate as an improvement on common lot for which the owner is liable. Essentially once changes are made to the common property the person who made the changes is responsible for upkeep.
A simpler example would be an air conditioner fitted to the exterior wall of the building. Its on common property but it remains the property of the owner and is there’s to fix if it breaks down.
Find out who did the extension. If the body corporate undertook all works on behalf of the owners then it may be their responsibility. You need to check the original approvals.
I live in a complex of 10 units and the bottom unit has a tiled balcony which is above the garages on the ground floor. These tiles have lifted with wear and tear and has now caused water to leak into the garages. We are now being told that Body Corporate has to pay for this unit to have their tiles re-done as they deem the balcony to be a roof line underneath. Is this correct? And if this is correct, how does the Body Corporate monitor the owner maintaining their own property?
Hi Susanne
There’s a lot to unpack with this question.
Its my understanding the tiles don’t lift due to wear and tear. They become drummy for all sorts of reasons including a water leak in the membrane underneath and incorrectly installed expansion joints. I’m not an expert on tiling or waterproof membranes though. Speaking from experience of seeing this situation played out.
The body corporate is deemed responsible for the waterproof membranes.
There are a whole lot of variables here though. Usually waterproof membranes are changed because they’re 1) faulty in the first place or 2) deteriorated. If the scheme has been watertight before and now that the tiles have lifted is not, that seems to indicate that the problem occurred because the tiles lifted. The crux of the matter will be what caused the tiles to lift.
The lot owner is responsible for taking care of the tiles. If in maintaining or changing tiles the waterproof membrane is damaged, and that can be proven, then the owner may be responsible for rectification tiles and membrane.
If deterioration of the membrane caused the tiles to lift then yes, the body corporate would be responsible for making right the membrane and replacing the tiles. In that situation the only reason the tiles needed replacing was so the body corporate can fulfil their responsibilities.
My advice is get clear on the cause of the problem to determine who is responsible for rectification.
Thank you so much. Am sure I will have further questions.
We wish to purchase a unit in a duplex. 2 houses one joining wall. There is a body corporate for that as well as the other townhouses in the complex. Who pays for termite inspections, barriers, treatment and maintenance?
Hi Donna
The body corporate pays for termite inspections, barriers, treatment and maintenance on common property. The lot owner pays within the lot.
In a BFP the boundaries will be in walls, ceilings, doors and floors whereas in a SFP the lot will include the entire building and the land around it. Refer to you plan to find out if BFP or SFP and for the boundaries of the lot.
I have planter boxes on the balcony which either go to the outside and hence join common property, or are between me and my neighbour. They also hold up the balustrade fence. Who is responsible for painting cost associated with my side of the planter boxes.
Hi Bill
This is a tricky one and I can’t say for sure. With fences you are responsible for maintenance and painting on your side of the fence so there’s reason to expect that it would be similar with planter boxes.
Hi Lisa, your article is really informative. Have you ever seen a building format plan changed to a standard format plan? I am in a townhouse complex that has been setup as a building format, but I think we would be much better off changing to a standard one. Do you know if this is possible and what is involved? Thanks!
Hi Albany
Its a costly exercise I’m afraid. You’d need to pass a resolution without dissent at general meeting. A new survey plan would need to be prepared and a new CMS.
I’ve never actually seen this done as usually the cost/compliance puts people off. You might also need advice from a Surveyor / Town planner / Solicitor to make sure all the boxes are ticked.
Hi Lisa, we are under BFP with low set villas.
Every entry of a unit has the security screen door and after that the door, both locked and unlocked with one key. A half of window has added security fly screens on external sides. Who is responsible for maintenance of the external door behind the security screen door and external windows that are behind security fly screens? Thank you Lisa for reply.
HI Helen
The door is usually common property but will depend on whether the boundary is the door or flyscreen. Check your plans first then discuss with committee / strata management.
Hi Lisa,
My 2 level townhouse/unit is BFP on the plans, it is an end unit of a group of 4, in a much larger complex. The 4 townhouses are all within the solid boundary line.
The complex is a mix of SFP & BFP.
Can you advise who bears the cost of having to repaint the external garage door, gutters and window frames? The requirement to repaint is to freshen up the complex in a completely different colour.
Can you also advise who bears the cost of having to pay for the replacement of rotting fences? One part of the fence is along the solid boundary line. When the townhouses were built they did not follow the solid boundary line for the sides so the side fence is within the solid boundary line.
Thanks in advance.
Hi Tina
Responsibility for painting of garage doors, gutters and window frames differs depending on where the boundaries are. In a SFP the building will be in the boundary of the lot hence lot owner responsibility. In a BFP the exterior of the structure is likely to be common property, unless onto an exclusive use are.
Fences are dealt with by the Dividing Fences and Trees act and is 50/50 responsibility between whomever the fence separates. Boundary fences are deemed body corporate responsibility. So the body corporate must deal with any external neighbours. Internal fences will either be between lots or between lot and common property, hence 50/50 owner / owner or owner / body corporate.
Hi Tina,
I hoping you may help me. I live in a gated estate with approximately 50 stand-alone dwellings, and we fall under the Accommodation Module and Survey Plan. We pay BC fees as well as rates for our land. My dwelling is on the outer of the scheme, and therefore my rear fence is the boundary fence of the scheme.
I have been told by BCSSM that, as per section 311 of the Body Corporate Management Act, the responsibility for the replacement of my rear fence (it is in disrepair and falling apart) falls on the Body Corp and the adjoining private lot, as the boundary fence is ‘in essence is the boundary of the scheme’. However my onsite manager has said that due to our scheme falling under a Survey Plan, the responsibility for replacement is between myself (as the boundary fence encloses my private rear yard, and not any common property) and the adjoining private lot.
Apologies if I missed this information being clarified in the above article, but I couldn’t see anything specifically pertaining to fences.
Any advice would be greatly appreciated.
Kind regards,
Natalie
Hi Natalie
Lots of schemes are registered as Survey Plans but that doesn’t have any bearing on this situation. I think maybe you meant Standard Format Plan, as opposed to Building Format Plan.
As the BCSSM said, The body corporate is responsible for the boundary fencing of the scheme. The Act makes the designation and there is no ifs or buts based on type of plan. It is body corporate responsibility to rectify.
Further information on fencing here.
Thank you Lisa, I honestly appreciate your help.
I had done much research on Standard vs Building Format Plans, Accommodation Modules etc yet it was my on-site estate manager who made reference to a ‘Survey Plan’, which I’m assuming now he is confused about.
I have referred my query once again to our BCM representative, and hopefully I will get a clearer response from then.
Again, thank you 🙂
Can you apply a levy in a standard format plan in qld
Hi Brian
I don’t understand your question. Bodies corporate can absolutely apply levies, assuming said levy is validly approved at a general meeting. It makes no difference whether they are standard format or building format plan.
Hi Lisa
I am intending to purchase a townhouse. The property is a semi detached (one joining wall). At this moment, one of the pillars at the front corner of the townhouse i am purchasing showed signs of leaning. In this situation, will the body corp cover the repair? Will that make a difference if pillar within my lot boundary.
Also looking at the insurance by the body corp , it showed that it is covered under building insurance.
Hi JG
Is the body corporate registered as SFP or BFP? Most likely if the pillar is within the boundaries of the lot then it will be your responsibility to maintain. Check the location of the boundaries.
The body corporate is required to insure the lots if they have common walls with each other. If the damage was caused by impact or other accident then a claim may be possible.
Hi Lisa. We live 0n the second floor with a building format Plan. The Body Corp is about to paint the building. Our ceiling on the patio is part of the structure ie Common property The patio is part of our lot. The Body Corp will paint the walls on the patio which form part of the structure. Who is responsible for painting the ceiling on our patio?
Hi Bernard
I responded to your email regarding painting.
Regarding who pays for combustable cladding to be removed & replaced with legal material when there are 2 body corps. residential & commercial if it is part shell external area in question.
Hi June
Each body corporate should deal with their own cladding.
If there is cladding in joint areas then the Building Management Statement will setout how the cost for works is to be apportioned. The Building Management Group will arrange the works and both bodies corporate contribute their respective portion of cost.
I live in a complex under a building format plan. Recently a solar tile on the roof (not solar panel )was damaged resulting in a large hole in said tile. This solar tile is part of the original roofing system, but because it services my duplex only, was informed by the Body Corporate it’s the responsibility of the owner to pay the cost of replacement as the problem was not structural. I would point out there are at least six other duplexes with the same roof design. Could you please clarify who should bear the cost of repairs.
Hi Janice
That’s a difficult question to answer. It will depend on what function the solar tile has and whether it can be genuinely considered not part of the structural integrity of the roof. What impact is the damage having, if any.
If the solar panel is providing benefit to you, such as solar hot water, then its likely your responsibility to maintain.
How did it get damaged? Perhaps you should explore potential of an insurance claim for repair.
Unit with a common wall, with a small fenced yard in a unit complex that falls under SFP.
One end of the yard is supported by a retaining wall. The retaining wall not only supports the boundary fence line but extends further in to common property. Total length of retaining wall approx 10 meters
partial length of retaining wall supporting yard fence is approx 3 meters and height 1.5 meters
Retaining Wall material Besa Block. Retaining wall is starting to lean? Who is responsible to maintain the retaining wall?
Hi Michael
Retaining walls are the responsibility of the person benefitting. So it makes a difference when and by whom the wall was erected. In older buildings you might need a surveyor to make a determination. Potentially, you will be benefitting the wall, which means you could end up paying a portion of costs as affects your lot.
Potentially there could also be mitigating circumstances as to why the wall is leaning, eg inappropriate drainage on common property or elsewhere.
I would report the matter to the body corporate. If the issues are affecting / stemming from common property the body corporate will need to take steps to rectify. You might be asked to pay a portion of costs however so be aware.
Hi Lisa,
We live in a SFP duplex/unit ( shared wall with 1 other unit ) in a complex ( QLD).When considering Bldg & Contents Insurance, do we have to cover the replacement cost of the internal structure in the event of a ” total loss”? Currently, we have $200k contents ,assuming the Body Corp will pay to replace the external walls and roof ?
Hi Wayne
Your body corporate should insure the buildings if they have joint walls. You will need to check the policy but most strata policies include fixtures within the unit. So it will cover the exterior and interior walls and ceiling of the unit and any fixed items such as toilet, bath, benches.
Carpets and floating are usually explicitly not covered, but again, check your individual policy to be clear.
Contents are never included in body corporate insurance.
Thank you Lisa – It seems that the ” fine print ” issue is the fact that we are under a Standard Format Plan . Does that make any difference ?Thanks again.Wayne
Hi Wayne
Standard Format Plan is shorthand for where the boundaries between lots and common property are. Refer to your plan. Everything within boundaries of the lot is your responsibility which, in a SFP usually includes … well everthing.
I am on a Standard Plan. The 4 steps leading to my and my neighbour’s townhouses are shared. Is this Body Corporate maintenance or up to my neighbour and me to workout?
Hi Linda
You’ll need to refer to your plan to work out if the area is common property. Potentially if it services just you and your neighbour its up to the two of you to resolved. But ask the body corporate anyway as they may take care of it.
Water spillage occurred in the laundry above our apartment. The water permeated the common area between floor and ceiling and stained our ceiling. What is the role of body corp in having our ceiling repaired?
We are a BFP building in Qld. Our apartment is on the 9th floor, and the water seeped from the 10th floor.
Hi Till
The body corporate won’t have a role in the matter. It is the responsibility of the owner where the spillage occurred. Most likely an insurance claim will be made on the body corporate insurance for cleanup, including repairs to your roof.
That said you should talk to your body corporate manager or Caretaker about this as they may be better informed about what has / is happening. Discuss with them.
Thank you, Lisa. There is so much confusing information out there. I have seen at least two claims that say BC is responsible for ceilings, and others that talk about a membrane between floor and ceiling to impede the water penetration.
Cheers
You’re welcome.
There is not a membrane between floors but there should be a waterproof membrane internally in wet areas, such as showers. That is each lot owners responsibility to maintain.
Discussions about waterproof membranes generally relate to balconies, which are outdoor areas and will get wet. In those cases there is a membrane over the slab between floors. That membrane exists to protect the slab not so much the lot underneath. It is not a good thing when water penetrates the slabs.
With water leaks the ongoing question is always “where is the water coming from”. If its coming from a lot, its that lot owners responsibility to rectify. If its coming from common property its the body corporate responsibility. Of course, determining “where” is the difficult part. I heard one Engineer call water “the most, wily and bloody minded adversary there is”. Water always goes down and if you seal in one place, and if that’s not the source, the same leak simply appears somewhere else.
Hi,
We live in a duplex under an accommodation module, building plan and I would like to know who is responsible for the replacement stopcock that services our property behind the fence dividing the common property and our private area. The body corporate said we are responsible, but as this particular body corporate has been incorrect on other issues before, I seek professional advice.
Hi Janice
If the infrastructure is servicing your unit only then you will be responsible. If it is servicing both units the body corporate is responsible.
Hi Lisa, Thank you for information.
Janice Rae
Hi,
I’m in Victoria and own a unit in a BFP. The building is 20 years old and many units’ front door locks are now seizing up and require replacing, including the lock to our unit. Does the owners corporation / body corporate have the right to charge us for replacement of the lock?
Hi Lizzy
I suggest yes, they can and my reasoning would be that though the lock is on common property (the door) it does service just that lot so it is reasonable that lot owner should bear the cost. Particularly if this is being done on a case by case basis. If all locks were being changed at the same time I would expect the body corporate to pay, but that is simply because individual owners would still be paying anyway, just in that case via their levies.
But be aware, I am not an Adjudicator. Its possible a case could be made for the body corporate to be responsible. Contact the Office Commissioner Body Corporate to discuss.
Hi Lisa,
Just wondering how to go about finding out if the property we own is BFP or SFP? And how to request plans for the lot to find out exactly what areas of it might be classified as common even if without our lot. It is a QLD property with 6 units in the building.
We are currently in the process of renovating and are looking for example to add a shower to the laundry area, and wondering if this requires body Corp approval. Our Strata Managed isn’t particularly helpful and we recently submitted an application to have a storage cage install in the garage on our carpark space and this was rejected by other lot owners, despite another lot owner already having one installed and ours would be similar. No reason was given for the rejection either. And have had received noise complaints from other lot owners (even via the city council) during our renovations, and feel we are being unfairly treated. Hence trying to limit having to go through the body Corp for approvals if we are not required to do so!
Any advice would be appreciated 🙂
Hi Natasha
You can purchase a copy of the plan for your body corporate from Titles Office QLD. You need to get a copy of the plan for the scheme…so either BUP, GTP, or SP. If BUP then its a Building Format Plan (BFP), if GTP its a Standard Format Plan (SFP) and if an SP the type of plan will be written on your plan.
If the one building contains six lots then it is likely BFP.
You can seek conciliation or Adjudication via Office Commissioner Body Corporate if you feel the decision regarding storage cage was rejection was unreasonable.
Re the plumbing … refer to your by-laws as to whether you need approval. All the renovations should likely have body corporate approval. You should also consider your neighbours regarding the noise as the by-laws will absolutely limit impact on neighbours. Complaints about noise are reasonably and may lead to by-law breaches.
Hi Lisa
Our townhouse complex is currently registered under BFP. Some of the townhouses are experiencing ground settlement issues leading to cracks on the walls and within the houses.
Can we change the registration from BFP to SFP?
As the foundations are covered under body corp for BFP but not for SFP.
Would the change make body corp still liable as ground settlement was incurred prior to change in registration?
What is expected costs of change of registration to SFP?
Is there a better way to reduce liability to body corp?
Hi KK
Changing from BFP to SFP is possible, though I have never actually seen it done. I assume it would require a resolution without dissent, making it hard to achieve.
Firstly you’d need to approach a surveyor or town planner to find out if it can even be done with your building envelope. For instance, there might be common property that is allocated as exclusive use, and that would then need to become part of the lots and that again would take a resolution without dissent.
Assuming its possible and the motions to do so are passed, a new survey plan would need to be registered along with updated CMS.
Even just the investigation portion is likely to be costly with no guarantee of success.
Hi Lisa
I have a SFP property and the roof requires repointing and gutters require repair. The roof spans across 3 properties and the guttering is a shared service. I believe i am responsible for the roof of my property but what about the guttering as it is shared drainage?
Hi Katrina
Yes, the guttering is a single system that goes around the three properties. Since it’s shared infrastructure it is body corporate responsibility to maintain and replace.