Pipes are classed as utility infrastructure. Section 20 of the Act provides that an owner will usually be responsible for utility infrastructure that:
services only their lot
is within their lot boundaries
and
is not within a boundary structure for the lot.
As the slab is not considered a boundary structure in a lot within a standard format plan of subdivision, and the pipe is located inside the boundaries of the lot and is servicing one lot, the owner of the lot would be most likely responsible for the repair of the leaking pipe.
Guttering is usually classed as utility infrastructure. Section 20 of the Act provides that an owner will usually be responsible for utility infrastructure that:
services only their lot
is within their lot boundaries
and
is not within a boundary structure for the lot.
If 1 or more of these points is not satisfied, the guttering will generally be part of the common property and a body corporate responsibility.
Generally, if utility infrastructure is not within an owner’s lot boundaries, it is the responsibility of the body corporate to maintain.
However, different rules may apply in certain situations. Even where utility infrastructure is situated on the common property, it may still be an owner’s responsibility if it services only their lot and is one of the following types:
hot water systems
washing machines
clothes dryers
solar panels
air-conditioning systems
television antennae
another device providing a utility service to a lot.
The general position is that a lot owner is responsible for any pest inspection or treatment work within their lot boundaries. Learn more about pest control on our website.
In a standard format plan scheme, an owner is also generally responsible for any structural and non-structural maintenance of most building elements situated within the lot boundaries. As the boundaries are unlimited under the ground and into the air, an owner will normally be responsible for the building foundations.
It is a standard format plan scheme with common walls between the units.
Generally, the body corporate is responsible for any pest inspection, prevention, or treatment work on common property, whereas an owner is usually responsible for pest control within their lot boundaries. Learn more about pest control on our website.
It may be more efficient for the body corporate to organise the termite inspection on behalf of owners. Inspection within lot boundaries can be organised by the body corporate on behalf of owners through a supply of services. The supply of services to an owner will only be possible if the body corporate has an agreement with that owner. Also, the supply charges must be paid by each user and should not be added to the normal levies. Learn more about supply of services by a body corporate on our website.
Improvements
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The body corporate legislation does not restrict the improvements an owner can make to their own lot. Whether body corporate approval is required to install solar panels on the roof in a standard format plan scheme depends on the by-laws for that scheme. For example, even though the roof is part of the lot in a standard format plan scheme, the by-laws may still require an owner to seek body corporate approval if they wish to make a change to the external appearance of their lot. An owner may be in breach of a by-law if they do not first seek body corporate approval.
Adjudicators have stated that even though sustainability regulations are in place, if the by-laws require body corporate approval, an owner must still seek approval. However, a by-law cannot stop an owner or occupier from installing solar power on their lot because it affects the look of the building. For more information on this point, you can access the factsheet on Body corporate and covenant arrangements for energy efficient features with dwellings (PDF, 174KB) developed by the Department of Housing and Public Works.
Any improvements an owner wishes to make to their own lot will be regulated by the by-laws for their scheme. Body corporate legislation does not restrict the improvements an owner can make to their own lot. If the by-law simply states that body corporate approval is required to change the external appearance of the lot, committee approval is generally sufficient, unless the by-law specifies that a general meeting resolution is required.
An owner will generally be responsible for the maintenance of anything inside the boundaries of their lot and any improvements to their own lot. Whether approval is needed to erect the blinds will depend on the by-laws for the scheme. Some schemes may have a by-law that requires an owner to seek the body corporate’s approval to make a change to external appearance of their lot.
It is unlikely the body corporate would be responsible for the costs of replacing external blinds in a standard format plan scheme.
If the body corporate is making an improvement to the common property, the cost of the improvement determines the type of approval needed. A committee resolution will only be possible if the cost of the improvement is within the basic improvements limit.
For more information about the type of approval required for the body corporate to make an improvement to the common property, please view the table on improving common property and lots.
General
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If you need to confirm the plan of subdivision for your body corporate, you can contact Titles Queensland on (07) 3497 3479 to ask for a copy of the registered survey plan for your scheme.
Section 180 of the Standard Module provides that the body corporate has a duty to maintain common property in good condition. If the resident believes the trimming does not constitute maintaining the common property in good condition, it may be possible for the resident to lodge an application disputing a decision of the body corporate if they think it is unreasonable (after sufficient attempts to resolve the matter internally).
The body corporate legislation does not specify who is responsible for a retaining wall in a standard format plan scheme. For guidance in similar circumstances, you can search for possible orders made by adjudicators on Australasian Legal Information Institute.
An important factor in determining responsibility may be who benefits from the retaining wall.
Adjudicators have generally stated that the body corporate is responsible for reinstating the lot owner’s property to the condition it was in before the work. Therefore, the condition of the lot owner’s driveway at the time the body corporate cut through it may be relevant in determining the degree of body corporate responsibility for reinstatement. For guidance in similar circumstances, you can search for orders made by adjudicators on Australasian Legal Information Institute.
