In a strata property, your lot is the private part you own individually, while common property is the shared part of the scheme managed by all owners. Your lot may include your apartment, townhouse, unit, car space or storage area. Common property may include lifts, stairwells, gardens, foyers, roofs, driveways and external walls.
The exact boundary between your lot and common property is not always obvious from looking at the building. It normally depends on the registered strata plan or plan of subdivision, the scheme documents, by-laws and the legislation that applies in your state or territory.
A lot is the individual part of a strata scheme that is separately owned by one owner. It is usually shown on the registered strata plan, plan of subdivision or survey-strata plan.
Depending on the scheme, your lot may include the inside of your apartment, townhouse or unit, and may also include a car space, storage cage, courtyard or balcony if those areas are allocated as part of the lot.
Lot boundaries can differ between schemes. In some buildings the lot may be limited to the internal airspace inside walls, floors and ceilings. In other schemes, especially townhouse or villa-style developments, the lot boundary may include more land or external areas. The registered plan is the key document to check.
Common property is the shared part of the strata scheme that is not part of an individual lot. It is generally owned or managed collectively by all owners through the owners corporation, body corporate, strata company or equivalent owner group.
Common property usually includes shared spaces, shared structures and shared services that benefit more than one lot or the whole building.
Common property may include lifts, stairwells, foyers, corridors, gardens, driveways, roofs, external walls, boundary walls, shared plumbing, shared wiring, fire safety systems, access systems, pools, gyms and other shared facilities.
Not every building has the same common property. A small townhouse scheme may have shared driveways and landscaping, while a large apartment building may have lifts, basements, foyers, plant rooms, fire systems and multiple shared facilities.
The best way to check is to review the registered strata plan, plan of subdivision, survey-strata plan, by-laws, special by-laws, exclusive-use by-laws and any scheme-specific rules.
You may need to check the lot boundaries, the common property areas, any exclusive-use areas, maintenance by-laws, renovation by-laws and previous resolutions or agreements affecting responsibility. If there is uncertainty, owners should ask the strata manager, owners corporation, body corporate, conveyancer, solicitor, surveyor or relevant land registry for guidance.
As a general rule, lot owners are responsible for repairs and maintenance inside their own lot, while the owners corporation, body corporate or strata company is responsible for common property.
However, repair responsibility can become complicated when the issue involves walls, floors, ceilings, waterproofing, balconies, windows, doors, pipes, wiring or services that pass through more than one lot. The correct answer depends on the registered plan, the cause of the damage, by-laws, state law and whether the affected item is lot property or common property.
Exclusive use common property is common property that one owner or group of owners has special rights to use. It is still common property, but another owner may have exclusive-use rights under a by-law, rule, grant or scheme document.
Examples may include a courtyard, car space, storage area, balcony area or garden area allocated for the use of one lot. Maintenance responsibility for exclusive-use areas can vary, so the relevant by-law or scheme document should be checked carefully.
You usually need approval before changing, damaging, renovating or installing anything that affects common property. This may include work involving walls, floors, ceilings, windows, doors, balconies, waterproofing, plumbing, electrical services, air-conditioning units, external appearance or shared structural elements.
Even if the work is inside your apartment, approval may still be required if it affects common property or building services. Owners should check the by-laws, renovation rules and state requirements before starting work.
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