WHAT IS AN OWNER RESPONSIBLE FOR IN A BODY CORPORATE? | YOU SHOULD KNOW THIS IF YOU ARE BUYING AN APARTMENT OR A TOWNHOUSE!
When purchasing in a body corporate (normally an apartment, or a townhouse), clients often will ask ‘what am I actually responsible for’ in terms of maintenance for the property?
In Queensland, this is determined by what scheme the body corporate has been registered as, being either:
- Building Format Plan
- Standard Format Plan
Schemes registered under a Building Format Plan are often multi-level buildings, such as apartment blocks. Schemes under a Standard Format Plan are typically low-rise developments, such as townhouse complexes.
Set out below is a summary of who is generally responsible for various maintenance costs depending on your plan:
Category |
Building Format Plan |
Standard Format Plan |
|
Building
foundations |
Body corporate is
responsible |
Lot owner is
responsible |
|
Roof |
Body corporate is responsible |
Lot owner is responsible
If the roof is shared with another owner, the
lots must share the costs |
|
Balcony |
Lot owner is
responsible, except for the most external portion (e.g. balustrades or
railings) which is the responsibility of the body corporate |
Lot owner is
responsible |
|
Windows / doors |
Body corporate is responsible for windows / doors
in a boundary wall between a lot and common property (including garage doors)
Lot owner is responsible for windows / doors
leading onto a balcony that forms part of the lot |
Lot owner is responsible |
|
Painting |
Body corporate is
responsible for all painting, other than within the lot itself |
Lot owner is
responsible for all painting (including external), although the body
corporate may notify a lot owner they must paint |
|
Utility infrastructure (e.g.
equipment, pipes and wiring) |
Body corporate is responsible if the
infrastructure is on common property, in a boundary structure or services
more than 1 lot
Lot owner is responsible if the infrastructure is
inside the boundary of the lot and only services that lot |
Body corporate is responsible if the
infrastructure is on common property, in a boundary structure or services
more than 1 lot
Lot owner is responsible if the infrastructure is
inside the boundary of the lot and only services that lot |
|
Roads,
gardens, lawns and facilities (e.g. pools or BBQs) on common property |
Body corporate is
responsible |
Body corporate is
responsible
Lot owner is
responsible for lawns, gardens and driveways inside the boundary of the lot |
|
Exclusive use areas |
Lot owner is responsible unless the exclusive use
by-law says otherwise |
Lot owner is responsible unless the exclusive use
by-law says otherwise |
|
Interior
of the lot, including all fixtures and fittings inside the lot |
Lot owner is
responsible |
Lot owner is
responsible |
|
Insurance |
Body corporate is responsible for insuring the
common property and body corporate assets and having public liability
insurance for the common areas
Body corporate is also responsible for insuring
the building structure. Lot owners will share the cost of insurance
(based on the interest schedule lot entitlements for the scheme)
Lot owner is responsible for insuring the
interior of the lot (we recommend home contents insurance and public
liability insurance for the interior of the lot)
|
Body corporate is responsible for insuring the
common property and body corporate assets and having public liability
insurance for the common areas
Body corporate is also responsible for insuring
the building structure only where a building erected on a lot shares a
common wall/s with a building erected on an adjoining lot. Lot owners
will share the cost of insurance (based on the respective replacement values
of the building erected on each lot)
Lot owner is responsible for insuring the
building structure where the building erected on the lot does not share any
common walls (although the body corporate can obtain insurance if the body
corporate committee resolves to establish a voluntary insurance scheme)
Lot owner is responsible for insuring the
interior of the lot (we recommend home contents insurance and public
liability insurance for the interior of the lot) |
