Maintenance of common property and lots
The BCCM Act and its associated regulation modules provide, that the body corporate must maintain the common property, and owners of lots must each maintain their lot.
Common property is described in the footnote to Section 10 of the BCCM Act as follows:
"Common property, for a community titles scheme is, effectively, freehold land forming part of the scheme land, but not forming part of a lot included in the scheme".
To correctly identify what parts of scheme land are common property and what parts of scheme land are individual lots, you should obtain a copy of the relevant plan for the scheme. Plans are available from any Department of Environment and Resource Management service centre. The type of plan that a community titles scheme may be recorded as can also impact on maintenance issues.
The cost of maintaining common property forms part of the annual budget set by the body corporate. Information on this is provided in the "Financial Management" (PDF 89kb) information fact sheet.
Common property may also include utility infrastructure which will be explained later in this section.
Answers to commonly asked questions can also be found in our information fact sheet "Maintenance" (PDF 160kb).
Utility Infrastructure
Utility infrastructure is defined in Schedule 6 of the BCCM Act as:
cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots or the common property are supplied with utility services.
Utility services are also defined by Schedule 6, and include among other things:
- water reticulation or supply
- electricity supply
- a telephone service
- a sewer system
- drainage
- another system or service designed to improve the amenity, or enhance the enjoyment, of lots or the common property.
Section 20 of the BCCM Act provides that utility infrastructure is treated as common property, unless the utility infrastructure:
- supplies a utility service to only one lot
- is within the boundaries of the lot
- is not within a boundary structure for the lot.
The responsibility for maintenance of utility infrastructure in a building format plan and standard format plan will be dealt with in the sections that follow.
Plans
The two fundamental types of plans are a Building Format Plan and a Standard Format Plan.
A building format plan (previously known as a Building Units Plan (BUP)) is usually a subdivision of a building. As an example, the simple duplex, a suburban 6 pack or multi-storey blocks of residential units can all be established as community titles schemes under a building format plan. The boundaries are defined on the plan by references to the structural elements of the building, e.g. walls, floors and ceilings.
The diagrams below represent a typical 2 storey Building Format Plan or Building Units Plan and indicate how common property and lots may be shown on a plan.
| Level A | Level B |
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Boundaries
- On building format plans and building units plans, the boundaries of a lot are represented by hard black lines.
- In the above case, the plan of level A shows the common property and part of the 4 lots (units) that together make up the scheme land.
- The plan of level B shows the balance part of the 4 lots and a common property balcony running along the eastern side of the building. The thin line that outlines the balcony indicates that the balcony is common property.
- Note the balcony attached to the western side of Lots 2 and 3. The hard black lines define the boundary of Lots 2 and 3. The thin line shows that each balcony is within the boundary of Lots 2 and 3, and consequently the owners have the responsibility to maintain the balconies in good condition.
- Where a balcony is included in a lot, as in Lots 2 and 3 above, the boundary is the face of the balcony.
- Where a lot is separated from another lot or the common property by a wall, floor or ceiling, the boundary of the lot is the centre of the wall, floor or ceiling (see boundary plan below). The walls, floor or ceilings that are on the boundary are known as Boundary Structures.
The two plans below define firstly, the boundaries between lots, and lots and the common property, and secondly, some elements of utility infrastructure.
| Boundary plan | Utility infrastructure plan |
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Maintenance responsibilities
- The body corporate is usually responsible for:
- the maintenance of the outside of the building including railings or balustrades on, or near to, the boundary of a lot and common property
- gardens and lawns on common property
- the foundations of the building
- generally any doors or windows, and their fittings, that are situated in a boundary wall between a lot and the common property (including common property balconies). This also includes garage doors and their fittings.
- The lot owner is usually responsible for:
- doors and windows leading onto a balcony that forms part of the lot
- kitchen, bathroom, bedroom cupboards
- sinks, dishwashers, garbage disposal units, shower screens.
Utility infrastructure responsibilities
- The body corporateis usually responsible for:
- the cold water pipes or cables shown in red on the utility infrastructure plan above, as they are located within a boundary structure.
- The lot owner is usually responsible for:
- the cold water pipes or cables shown in blue on the utility infrastructure plan above, as they service Lot 1 only, and are located within an internal wall and not a boundary structure
- a hot-water system, including the associated pipes and wiring, supplying the service solely to the lot, whether or not the system is located on common property
- an air-conditioning system, including the associated pipes and wiring, supplying the service solely to the lot, whether or not the system is located on common property.
Download printable version of diagrams and instructions in colour or black and white.
A standard format plan (previously known as a Group Titles Plan, (GTP)) is a subdivision of land with references to marks on the ground or a structural element (for example, survey pegs in the ground or the corner of a building). As an example, a standard format plan may include a townhouse complex, where the individual lots would comprise a building and land (front and/ or back courtyards).
The diagram below represents a Standard Format Plan or a Group Titles Plan showing the lots and common property.
| Standard format plan |
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Boundaries
- On standard format plans and group titles plans, the boundaries of a lot are represented by hard black lines.
- The plan above shows the common property (blue), the lots (green) and the buildings (yellow).
- Again, the hard black lines define the boundary of lots and the common property.
- Note that each building is within the boundary of each lot.
Maintenance responsibilities
- The body corporate is usually responsible for:
- the common property, including roads, gardens and lawns on common property
- some elements of utility infrastructure.
- The lot owner is usually responsible for:
- their lot, including all lawns and gardens within the boundary
- maintenance of the building also rests with the owner, this would include the exterior walls, doors, windows and roof with the exception of some elements of utility infrastructure.
The diagram below represents a Standard Format Plan or a Group Titles Plan showing some elements of utility infrastructure.
| Utility infrastructure plan |
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Utility infrastructure responsibilities
- The body corporate is usually responsible for:
- the water pipes or cables shown in red on the utility infrastructure plan above, as these supply the service to more than one lot (refer to the definition of utility infrastructure above)
- the guttering, and associated downpipes shown above in pink which span 2 lots (1 and 2 and 3 and 4), supplying a service to more than one lot
- any television antenna that services 2 or more lots.
- The lot owner is usually responsible for:
- the water pipes or cables shown in blue, as they are located within the lot boundary and service 1 lot only
- the guttering, and associated downpipes shown in brown above on Lot 7.
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