PRACTICAL
RELIABLE
PROMPT
PRACTICAL
RELIABLE
PROMPT
DOORS, WINDOWS & RAILINGS – ARE YOU REQUIRED TO PAY?
1 September 2020 at 4:30:00 am
When it comes to units and townhouses, everybody wants to know who is responsible for the cost of repairs and maintenance in their strata scheme.
LOT BOUNDARIES
The body corporate is responsible for maintaining and repairing common property, whereas the owner is responsible for maintaining and repairing their lot.
So where is the common property boundary?
The boundaries between lots and common property are fixed by the registered plan.
There are three kinds of plans that may be used:
1. STANDARD FORMAT PLANS (previous known as a Group Titles Plans): which divide the lots horizontally along the ground. The boundary will be the dividing lines along the ground, and the lot will extend to a reasonable height above and below the ground. These are commonly used for townhouse developments.
2. BUILDING FORMAT PLANS (formerly known as a Building Unit Plans): which divide the lots using the structural elements of the building such as the floors, walls or ceilings. Ordinarily, the centre of the floor, wall or ceiling will be the boundary. These are commonly used for units.
3. VOLUMETRIC FORMAT PLANS: which divide the lots using three dimensions. For example, the lot may be cubic in shape. The lot may be above, below or partly above and below ground level. The boundaries will be the three dimensions of dividing lines. These plans are sometimes used for units.
REPAIRS AND MAINTENANCE
For standard and volumetric plans, if a roof, wall, door, window or balcony railing is within the lot boundaries, then the lot owner will be responsible for repairs and maintenance.
For building format plans, if the roof, wall, door, window or balcony rail forms part of the boundary with common property, a foundation structure, a roofing structure or essential supporting framework, then the body corporate is responsible for maintenance and repairs. This includes associated fittings for doors and windows, such as window winders.
If, however, the owner or occupier of a lot in a building format plan installs fittings for their benefit, then they are responsible for maintaining these improvements. For example, if the window winders are upgraded by the owner or occupier of the lot, then they are responsible for maintaining the winder.
If you require further information, please contact Frews Solicitors on (07) 3868 2244.
Frews Solicitors communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication.