Who is responsible for paying for repairs and maintenance in an owners corporation or body corporate property

Who holds repair and maintenance responsibilities

In New South Wales, Victoria, Northern Territory, and Tasmania, the lot owners are typically tasked with the upkeep of their private property, while the responsibility for maintaining common property lies with the owners corporation.

However, in Queensland, these requirements may vary slightly depending on the format plan your property falls under:
Building Format Plan (BFP): This survey plan usually applies to multi-story complexes (vertical developments) and sometimes townhouses. While the term ‘strata title’ is not used in Queensland, most building format plans are a subdivision in strata.
Standard Format Plan (SFP): This survey plan is typically used for community title schemes such as a townhouse complex where each lot has a building and garden. The boundaries of lots are defined by the measurements shown on the survey plan and any marks put on the ground when the survey was done.

However, it’s important to note that defining what is private property versus shared areas can sometimes be complex. These definitions can also vary depending on state legislation, property by-laws, or building rules. For a true understanding of responsibilities, one must first determine what is considered private property and what counts as shared areas. This can usually be identified through your property’s subdivision or strata plan, which provides guidelines on the boundaries between common property and individual lots.

What owners corporations and body corporates are responsible for

An owners corporation or body corporate is responsible for maintaining common property shared by all owners and residents. In New South Wales, Victoria, Northern Territory, and Tasmania, the responsibilities of the owners corporation or body corporate may include:

• The outside, foundation, painting, and roofing of the building.
• Shared stairwells and hallways.
• Areas above and below the boundaries of a lot.
• All external or boundary walls, including doors and windows.
• Roads, gardens, and lawns are on common property.
• Facilities on common property like swimming pools and barbeques.
• Railings or balustrades on or near the boundary between a lot and common property, including the balustrade on a private balcony.
• Doors, windows and their fittings in a boundary wall between a lot and the common property, including balconies, garage doors and their fittings
• Utility infrastructure like equipment, pipes and wiring on common property servicing more than one lot.

However, the body corporate of a building format plan in Queensland is responsible for the repairs and maintenance of the following:

• Garage doors and their fittings, which can include any springs, gears, and various mechanisms
• Roads, gardens and lawns on common property
• The foundations and roof, including the roofing membranes
• Essential supporting framework of the building, including load-bearing walls
• Facilities on common property, such as swimming pools, gyms and barbeque areas
• Pipes, cables, wires, drains, sewers, plant and equipment that services the building
• The outside of the building includes doors, window fittings, and balcony railings.

On the other hand, the body corporate of a standard format plan in Queensland is responsible for the repairs and maintenance of the following:

• Pest control on common property.
• Roads, gardens, and lawns that are on common property.
• Facilities on common property like swimming pools or BBQs.
• Pipes, cables, wires, drains, sewers, plants, and equipment that services more than one unit or apartment.

What lot owners are responsible for

In an owners corporation or body corporate, owners with exclusive use of a lot are usually responsible for repairing and maintaining their private property unless indicated otherwise by the by-law or building rule.
In general, lot owners across New South Wales, Victoria, Northern Territory, and Tasmania are typically tasked with the upkeep of their private property, which may include:

• All fixtures and fittings inside the lot.
• Utility infrastructure (like equipment, pipes and wiring) that is within the boundaries of the lot and only services that lot.
• Utility infrastructure like equipment, pipes and wiring on common property servicing the lot.
• Any fixtures or fittings, including on common property, installed by the occupier of a lot for their benefit.
• Exclusive use areas the owner has the benefit of, unless the special building rule says otherwise. The special building rule will define who is responsible for the maintenance of the exclusive use area.
• Parts of the lot that affects the outward appearance.
• Areas of the property that serve your lot only (laundry).

Similar to body corporate responsibilities, each lot owner’s repairs and maintenance duties in Queensland also vary slightly with each type of format plan. Lot owners in building format plan properties are responsible for the repairs and maintenance of the following:
Doors and windows leading onto a balcony.

• All fixtures and fittings inside the lot.
• Any fixtures or fittings that were installed by the owner for their benefit.
• Exclusive use areas the owner has access of (unless the exclusive use by-law says otherwise).
• Pipes, cables, wires, drains, plants, and equipment such as air conditioning, a clothes dryer, and a hot water system that only service the unit or apartment.

Alternatively, lot owners in Queensland standard format plan properties are responsible for the repairs and maintenance of the following:

• Pest control within their lot.
• Their lot, including all lawns and gardens, is within their boundary.
• Any fixtures or fittings that the occupier installed for their benefit.
• Exclusive use areas, if applicable, unless the exclusive use by-law says otherwise.
• Pipes, cables, wires, drains, plants and equipment that only service their unit or apartment.
• Their building’s foundations, roof, painting, exterior walls, doors, windows, and roof.

How to determine who is responsible for utility maintenance

The pipes, ducts, cables, wires, sewers, drains, plant and equipment supply utilities such as water, electricity, telecommunications, drainage, and sewers are the responsibility of the body corporate if these are located on common property or it services more than one lot.
The lot owner is generally responsible for repairs and maintenance if the utility infrastructure is not part of the common property.

For example, a lot owner is required to handle any repairs or maintenance for pipes and wires connected to the air conditioning that services their lot. The corporate body would be responsible if the air conditioning system were part of a centralised system that serviced multiple lots.
However, the rules around repairs and maintenance responsibilities may vary depending on the format plan your property is under. This is why keeping an open line of communication with your body corporate, owners corporation, or strata manager and committee before beginning repairs and maintenance projects is important.

When it comes to caring for and protecting your strata property, our facilities management team at BFMS are the experts for the job.  Known for their professionalism and personal service, our team offers everything from expert full and part-time building management to a range of other related repairs, maintenance, and management services.  Or, download our FREE Community Living guide series on defects here. If you would like to learn more about Community Health & Safety and related services to ensure your protection, click here.