WHO’S RESPONSIBLE?

A guide to common
property

nsw.strata.community
ABN 74 001 767 997
Introduction
Common Property is defined in the Strata Schemes Development Act 2015 as ‘so much of the parcel as from time to
time that is not comprised in any lot.’

Generally speaking, in most strata schemes, the lot owner owns the airspace and everything in it within the boundary
of the unit. They don’t own the main structure of the building.

The owners corporation is responsible for the repair and maintenance of common property.

This publication provides a list of items found within a building that could generally be considered common property.
However, depending on the history of the building, renovations and by-laws, determining what is and isn’t common
property is a complex matter. In most cases you will need to refer to the strata plan and by-laws to determine who is
responsible for repairsandmaintenance.

SCA (NSW) recommends that you seek legal advice.

How to use this publication

The tables on the following pages provide a general list of who is responsible the owner or owners corporation (OC) for
repairs and maintenance. Additional informationon each item can be found in Appendices 1 and 2.

To help you determine if something is actually common property you need to inspect a copy of your registered strata plan
and a current search of the most recent common property title. Copies of the strata plan and searches of the common
property title can be purchased through LPI. Check your registered by laws as these all come into effect when determining
if something is common property or not.

Disclaimer
The information provided above is provided as a general guide only. Actual cover is dependent on the prevailing
insurance policy terms, conditions and exclusions that may apply with the insurer at the time of loss and applicable law
from time to time.

While every effort is made to ensure that the above information is generally accurate and correct, no warranty or
guarantee is given by SCA as to the accuracy or correctness of such information, and SCA accepts no liability for loss or
damage arising out of the use of such information.

The information provided is not a substitute for individualised professional advisory or legal advice. No person should
act or refrain from acting on the basis of the information provided by SCA.SCA disclaims all responsibility and all liability
for any expenses, losses, damages and costs which may be incurred for any reason whatsoever as a result of the
information provided by SCA”.

Who’s Responsible? A guide to common property | Page 2

 Additional Insurance
Who is
Type Item Information Claimable
Responsible?
Appendix 1 Appendix 2

Balcony Door, flyscreens/Security door O/OC 20 1

Balcony Door, window & wall O/OC 20 1

Balcony Painting of Balcony Ceiling O/OC 21 1

Balcony Clothesline O

Balcony Columns OC 33 1

Balcony Railings O/OC 39 1

Balcony Awnings O/OC 18 1

Balcony Tiles O/OC 29 1

Water leaking through wall or
Balcony O/OC 20 4
floor
Bathroom Bathroom Cabinet and/or mirror O 1

Bathroom Blocked floor drain OC 4

Bathroom Burst pipe general O/OC 8 1

Bathroom Cracked bath/handbasin O 1

Bathroom Dripping “S” bend under sink O 4

Bathroom Ducting covering stack O/OC 42 1

Bathroom Exhaust fans O/OC 6 1

Hot water service - exclusive to
Bathroom O/OC 31 2
a lot
Bathroom Leaking pipes under sink O 2

Bathroom Main stop cock to unit OC 2

Bathroom Plug and waste in bath O 9 2

Bathroom Shower Screen repairs O 1

Bathroom Toilet bowl O 1

Bathroom Toilet Cistern O 1

Bathroom Water leaking from bath O 12 4

Bathroom Water leaking from shower O/OC 11 4

Bathroom Water leaking from shower taps O 4

Bathroom Water leaking through tiles O/OC 11 4

Who’s Responsible? A guide to common property | Page 3

 Additional Insurance
Who is
Type Item Information Claimable
Responsible?
Appendix 1 Appendix 2

Ceilings/Roof Ceiling cornices O/OC 28 1

Ceilings/Roof Exhaust fans O/OC 6 1

Ceilings/Roof False ceilings O/OC 24 1

Ceilings/Roof Membranes O/OC 30 2

Ceilings/Roof Paintwork O 40 4

Ceilings/Roof Plastered Ceilings OC 40 1

Ceilings/Roof TV Aerial O/OC 41 1

Ceilings/Roof Vermiculite Ceilings OC 40 1

Courtyard Fencing O/OC 16 1

Courtyard Pavers O/OC 18 1

Courtyard Clothesline O

Courtyard Guttering on townhouse OC 35 1

Courtyard Tree trimming/removal O/OC 18 3

Courtyard Deck, pergola or steps O/OC 18 1

Electrical Air conditioning systems O/OC 7 1

Electrical Electric Garage Door Opener O/OC 15 1

Electrical Exhaust fans O/OC 6 1

Electrical Fuses O/OC 4 2

Hot water service - exclusive to
Electrical O/OC 31 2
a lot
Electrical Hot water services -communal OC 2

Electrical Insinkerators O 1

Electrical Internet Cabling O/OC 1 1

Electrical Intercom handset OC 36 1

Electrical Intercom wiring O/OC 1 1

Electrical Lift and Lift Operating Systems OC

Electrical Light and power wiring O/OC 1 1

Who’s Responsible? A guide to common property | Page 4

 Additional Insurance
Who is
Type Item Information Claimable
Responsible?
Appendix 1 Appendix 2

Electrical Light fittings O/OC 5 1

Electrical Light switches O 1

Electrical Power point socket O/OC 1 1

Electrical Smoke detectors OC 3 1

Electrical Stoves O 1
Telephone (additional wiring
Electrical O 2 1
required)
Electrical Telephone sockets O 1

Electrical Telephone wiring O/OC 1 1

Electrical TV (Pay TV wiring required) O 2 1

Electrical TV aerial OC 1

Electrical TV cabling O/OC 1 1

Electrical TV socket O/OC 1 1

Entrance Door Door locks O/OC 19 1

Entrance Door Entrance door automatic closer OC 1

Entrance Door Entrance door to lot OC 1

Entrance Door Keys, Security cards etc O 3

Entrance Door Security door repair O/OC 15 1

Floor Blocked floor drain OC 4

Floor Floor and wall tiles O/OC 25 1
Floor Mezzanines within lots O/OC 34 1

Floor Floorboards/Parquetry flooring O/OC 26 1

Floor Internal Carpet O 13 4

Floor Skirting boards and architraves O/OC 32 1

Floor Lino/vinyl/cork tiles O 1

Floor Linoleum O 1

Floor Magnasite Floor Base OC 1

Floor Pavers O/OC 18 1

Who’s Responsible? A guide to common property | Page 5

 Additional Insurance
Who is
Type Item Information Claimable
Responsible?
Appendix 1 Appendix 2

General Built-in wardrobes/cupboards O 1

General Carpets O 13 4

General Clothesline on Common Property OC 41

General Cracks in Walls O/OC 23 4

Damage to common property by
General OC 27 1
tenant
General Ducting covering stack O/OC 42 1

General Floorboards/Parquetry flooring O/OC 26 1

General Internal Doors/Walls O 1

General Internal Paintwork O 13 4

General Keys, Security cards etc O 3

General Letterboxes O/OC 43 1

General Lift and lift operating systems OC 1

Pipes within a lot servicing only
General O
that lot
General Stairs in Lot O/OC 34 1

General Skirting boards and architraves O/OC 32 1

Kitchen Burst pipe general O/OC 8 1

Kitchen Dishwasher O 4

Kitchen Dripping “S” bend under sink O 38 4

Kitchen Ducting covering stack O/OC 42 1
Kitchen Exhaust fans O/OC 6 1

Kitchen Floor and wall tiles O/OC 25 1

Hot water service - exclusive to
Kitchen O/OC 31 2
a lot
Kitchen Insinkerators O 1

Kitchen Kitchen cupboards O 1

Kitchen Leaking pipes under sink O 4

Kitchen Lino/vinyl/cork tiles O 1

Kitchen Linoleum O 1

Who’s Responsible? A guide to common property | Page 6

 Additional Insurance
Who is
Type Item Information Claimable
Responsible?
Appendix 1 Appendix 2

Kitchen Main stopcock to unit O/OC 44 2

Kitchen Stoves O 1

Kitchen Washing Machine O 4

Kitchen Water Filtration Systems O 1

Parking Carports OC 14 1

Parking Door controller button O 1

Parking Door hinge mechanism OC 2

Parking Electric Garage Door Opener O/OC 15 1

Parking Garage door lock OC 1

Parking Garage Doors OC 14 1

Garage Door auto opening mech-
Parking O/OC 15 1
anism
Parking Garage Door auto remotes O 3

Parking Light fittings O/OC 5 1

Parking Line marking OC 1

Parking Mesh between garages O/OC 16 1

Parking Water ingress into garage ?/OC 17 4

Plumbing Blocked floor drain OC 8 4

Plumbing Blocked sewer OC 8 4

Plumbing Burst pipe general O/OC 8 1
Plumbing Damage to unit after water leak O/OC 13 1

Plumbing Dampness in a unit O/OC 10 2

Plumbing Dripping “S” bend under sink O 4

Plumbing Laundry Tub O 4

Plumbing Leaking pipes under sink O 2

Plumbing Guttering on townhouse OC 35 1

Plumbing Main stop cock to unit OC 2

Plumbing Plug and waste in bath O 9 4

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 Additional Insurance
Who is
Type Item Information Claimable
Responsible?
Appendix 1 Appendix 2

Storm water and On-Site Deten-

Plumbing tion systems (OSD) below ground OC
without DA Condition
Plumbing Toilet bowl O 1

Plumbing Toilet Cistern O 1

Plumbing Water ingress into garage ?/OC 17 4

Plumbing Water leaking from bath O 12 4

Plumbing Water leaking from shower O/OC 11 4

Water leaking from shower taps
Plumbing O 4
and shower head
Plumbing Taps and Associated Hardware O 4

Plumbing Water leaking through tiles O/OC 12 4

Windows Cleaning outside O/OC 37 4

Windows Flyscreens O/OC 15 1

Windows Locks, Window Safety Devices O/OC 15 1

Windows Repairs O/OC 22 1

Windows Sash cord replacement O/OC 22 2

Windows Seal to window O/OC 22 4

Who’s Responsible? A guide to common property | Page 8

1. Any pipe, cable, telephone, television, internet wires, ducting, plugs, electrical wiring, light
fitting, power point sockets or the like that is for the exclusive use of the lot, then if it breaks:
Within the lot is an Owners responsibility.

Any pipe, cable, telephone, television or internet wiring, ducting, plugs, electrical wiring,
light fitting, power point sockets or the like that services more than one lot, then if it breaks.

Outside the lot or in a wall, floor or ceiling that abuts to either common property or another
lot is an Owners Corporations responsibility.
2. If not installed on the registration of the strata plan then the owners corporation are not
required to install them.

Any extra pipe, cable, television, internet, ducting or electrical wiring, plug and their
connection sockets or the like that is for the exclusive use of the lot, if not installed on the
registration of the strata plan the owners corporation is not required to install them.
3. Fire regulations state if the smoke detectors are stand alone and are not connected to
a fire board orhardwired in the building, whether they service one lot or are in common
property then they are Owners Corporation responsibility this is in accordance with the
Environmental Planning and Assessment Act 1979
4. The supply of electricity is the owners corporation’s responsibility. However, any
cabling within the unit’s internal walls that only services the individual lot, is the owner’s
responsibility. You need to check with your supplier if your electricity is cut off and then you
need to check the fuse board.

If the fuse board is within the lot, then it is the owners responsibility. If the fuse board is in
the meter room then it is the owners corporations responsibility.

NOTE: Because the meter room is common property, we cannot prevent owners or
occupiers gaining access to it. However, we are not required to give them a key. If
requested for a key, you should inform them that if we give thema key and they electrocute
themselves, we could be held responsible. However, they can get a key from Sydney
Electricity or the electricity supplier in your area.
5. If the light fitting is recessed in the ceiling, it is the owners corporation’s responsibility
to maintain. If the light hangs into the lot, it is the owner’s responsibility. Normally light
fittings are always the responsibility of the owner, except if it is recessed and on two other
occasions:
• on the balcony where the strata plan details the upper height of the balcony as being
less that where the light fitting is. E.g. The strata plan reads “The upper height of
the balcony extends 2.3 metres above the concrete slab” and the light fitting is 2.5
metres above the concrete slab. Then the light fitting is in common airspace and is the
responsibility of the Owners Corporation. In the situation where the light fitting is in a
carport or garage of a lot but is connected to communal power, the responsibility to
maintain it still falls with the owner of the lot except where the light fitting is installed to
also illuminate other areas within the scheme; and
• the light fitting is located in common areas like garages or hallways and is then deemed
common property.
6. Owners corporation must repair anything in the ceiling. However, there may be
circumstances where the owner is liable if they have made improvements to the ceiling. If it
is inside the lot it is the Owners responsibility. If it is mounted within “Structural cubic space”
e.g. communal ducting or a false ceiling which is designed to carry communal pipes etc. or
outside the lot, then it is the responsibility of the Owners Corporation.

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7. That part of an air-conditioning system that is inside or outside of a lot and for the exclusive
use of that lot is the responsibility of the owner. Parts outside the lot arethe responsibility of
the Owners Corporation unless they aresubject to a special by-law.

If the air-conditioning system services more than one lot it is the responsibility of the owners
corporation.

8. Normally burst pipes are the responsibility of the Owners Corporation. However, if a pipe is
for the exclusive use of the lot and is located in an internal wall, then if it bursts within the
lot – Owners responsibility (e.g. pipe in an internal wall feeding the shower).

If a burst pipe is in a boundary wall, or outside the lot this is the Owners Corporation
responsibility to maintain (e.g. the hot water pipe bursts they are in the concrete floor,
floor drains or sewer pipes with common property). If it is in an internal floor and the pipe
services more than one lot, it is the owners corporation responsibility to maintain that burst
pipe or any plumbing under the floor.
9. The Plug & waste is within the airspace of the lot and therefore the responsibility of the
Owner to repair and maintain.
10. If dampness (e.g. mould) is occurring in a unit, it must be first determined where the water
is coming from. The owners corporation is responsible for water penetration problems
coming in through external walls or the floor. The owner is responsible for the mould on
their walls. If the dampness is coming from condensation from the inside, then it is the
owner’s responsibility. Common causes of this is:
• kitchen cooking;
• use of clothes dryer; and
• sleeping in bedroom without opening window (The average person expels 400ml of
water each night while sleeping);
in this case mould is normally more virulent in the colder months and would normally occur
on a southern wall or on flat concrete roof. Also the mould would occur on the surface of the
paint with no paint lifting. If it was coming from outside, then the paint would lift with white
powder under the paint.
11. The tiles on the floor or on a common wall that separates 2 lots or the lot from common
property are the responsibility of the Owners Corporation. This includes the shower base.
However, if the water is leaking through an internal wall, it is the responsibility of the owner.
An exception is where water is leaking through the 2nd floor of a townhouse thatwas built
prior to 1st July 1974. The tiles on the floor in this case are the Owners.

Any original floor tiles that are replaced and associated water proofing affixed to common
property floors after the registration of the strata plan is the lot owners responsibility.
12. The seal/grouting around the top of the bath is in the owners responsibility to maintain
unless the leaking seal/ grouting abuts an external wall. The plug and waste under the bath
is still within the lots airspace and therefore is the owners responsibility to maintain if water
is leaking under the bath in to the lot below.

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13. The owner must repair and maintain carpets in the lot. The owners corporation repairs
and maintains common property carpets, such as carpets in the hallways. If damage is
caused to a lot owner’s property while the owners corporation are effecting a repair, the
owners corporation areresponsible to fix the damaged property. However, if the cause of
the damage to the owner’s property was not made when the owners corporation were fixing
the problem; instead it was caused by the problem itself, then the owners corporation are
not responsible to make good the owner’s property unless the owners corporation can be
deemed negligent.

E.G.: A burst pipe occurs in a wall and the owners corporation have to knock a hole in the
wall to fix it. The owners corporation are responsible to fix the hole and repaint the wall
afterwards.

A burst pipe occurs in a concrete slab. The owner’s corporation fix the leak, but water
stained the ceiling paintwork of the unit below. Here the owners corporation are not
responsible to repaint the ceiling because it was not the fixing of the repair that caused the
damage.

• A burst hot water service soaked the magnasite or any sound proofing floor base in
a unit thatwas installed at the time of registration of the strata plan and the owners
corporation had to take up the carpet to dry the magnasite or any sound proofing floor
base. Once the magnasite or any sound proofing floor base had dried, the carpet could
not be re-laid because it had shrunk. The owners corporation would be responsible for
the carpet because the carpet was damaged because they had to take it up.
• With example 3, if the magnasite or any sound proofing floor base was not damaged,
the owners corporation would not be responsible to dry out the carpet or replace it, if it
shrunk because the damage to the carpet was not caused when the owners corporation
were fixing common property
14. Repairs to the boundary garage doors are owners corporation responsibility. If the garage
door does not form part of the boundary or there is a by law in place this is the lot owners
responsibility.

Carports are normally always the owners corporation responsibility to maintain, this
includes the spring and hinge mechanisms unless they were installed by the owner under
an exclusiveuse by-law after the registration of the strata plan or they are a lot owners
responsibility on the registered strata plan.
15. If they were there on the registration of the strata plan, and shown by a thick black line
then they are the responsibility of the owners corporation (FT takes the view that garage
controller is classified as the lock and door closer for the garage door albeit it being
electric. Therefore as with the main lock and door closer to a unit’s entrance door being OC
responsibility, so is the controller). However,if they were installed after by the owner, and
show a thin line on the strata plan then they are the owner’s responsibility.

The owners corporation is responsible for the installation and maintenance of window
safety devices. However, the owners corporation can adopt a common property rights
by-law which confers the right and obligation to install and maintain any locking or safety
device to individual lot owners.

Window lock keys are the responsibility of the lot owner.

Who’s Responsible? A guide to common property | Page 11

16. If they are shown as a thick line on the strata plan then they are deemed a common wall
and the responsibility of the owners corporation. However, if they are shown as a thin,
dotted or no line on the strata plan then they are treated in accordance with the Dividing
Fences Act 1991and are treated as follows:

• Divides two lots.

Each owner is responsible 50/50
• Divides one lot from common property.
The owner is responsible 50% & the owners corporation is responsible 50%
• Divides one lot from the adjoining property.
The owners corporation are responsible for 100% of its share.

Mesh between storage cages can also divide the ownership of two lots. In this case if the
line on the strata plan is a thick line then this is deemed common property. If it is a thin line
or dotted line or no line on the strata plan then it is treated as diving of two lots and each
owner is responsible for the maintenance of this mesh between the storage cages. The
mesh is almost always registered as an owners corporation responsibility.
17. A garage by definition is not a liveable area and any water ingress into the garage is the
lot owners responsibility. As the garage is not a liveable area it is therefore exempt from
compliance with the waterproofing standards for habitable use set by the Building Code
of Australia, that it be impervious to water penetration. Unless there is some damage to
common property that is causing the water penetration, the Owners Corporation are not
responsible to ensure a garage area remains dry. However, the owners
corporation are responsible to stop water dripping on to a car and damaging the
paintwork.
18. Most balconies, courtyards or garden areas attached to a lot have their vertical boundaries
defined on the registered strata plan. E.g.: The stratum of the courtyards are limited to a
depth of 3 metres below and except where covered to a height of 10 metres above the
concrete ground floor of its respective adjoining lot. Therefore anything within that area
that is not shown on the strata plan as a thick black line and is for the exclusive use of the
lot, they are the owners responsibility to maintain. This includes timber decking, awnings
and pavers. Furthermore a tree growing within a courtyard is deemed to belong to the
owner and they are responsible for all pruning, removal or damage caused from the tree
irrespective of whether some of the branches extend beyond that lot with the exception of
that part of the tree which exists within common property via a notation on a strata plan or
registered by-law.
19. Only the original lock or its subsequent replacement is the responsibility of the owners
corporation. If any additional locks are installed, they are the responsibility of the owner. If
the owner replaces the original lock with a lock that prevents the door complying with fire
certification, if the owner refuses to replace it with a complying lock, the owners corporation
can replace the lock and charge the owner as a debt.

The owners corporation is responsible for any common property entrance door lock that
services more than one lot including all furniture and automatic closers, other than those
installed by an owner after the registration of the strata plan and not including any related
remote controller. Keys, security swipe cards an access passes is the responsibility of the
owners corporation to maintain. They are normally purchased from the owners corporation
for a fee.

Who’s Responsible? A guide to common property | Page 12

20. Balconies are generally the responsibility of the owners corporation unless the strata
plan was registered before 1 July 1974 the balcony wall including the windows and door
and their working parts are generally part of the lot and thelot owner’s responsibility for
maintenance and repairs (unless there is a notation on the strata plan or the balconies are
not shown on the strata plan).

If there is water penetrating between two floors the cause needs to be determined. If the
water is running off common property, the owners corporation is responsible. However if, for
example, the water is caused by over watering by another owner or resident, that person
doing the overwatering is responsible.

If the plan was registered after 1 July 1974 the balcony wall including the windows and
doors and their working parts are generally common property and the owners corporation’s
responsibility (unless the strata plan says otherwise). With the exception to flyscreens and/
orsecurity doors where they were installed by an owner after registration of the strata plan.

Any awning, deck, pergola, privacy screen. Louvres, retaining walls, planter walls, steps or
other structures within the cubic space of a balcony or courtyard and not shown as common
property on the strata plan are the responsibility of the lot owner.
21. Balconies are generally the responsibility of the owners corporation unless there is a
notation on the strata plan limiting the height of the balconies stratum to a height less than
the under surface ofthe balcony above. It is nearly always theresponsibility of the owner.
However, the owners corporation will normally include the painting of this area when the
whole building gets repainted. Balcony doors that are registered after 1 July 1974 are the
owners corporation responsibility to maintain.
22. Balconies are generally the responsibility of the owners corporation with the exception
where #20 applies, the owners corporation are responsible for their repair & maintenance.
23. Walls and doors that areon theboundary of the lot arethe responsibility of the owners
corporation to maintain.

Internal walls and doors aretheowner’s responsibility. If cracks appear in an owners

corporations wall and/or cornice and are less than 2mm thick, they are not deemed as
damage and the owners corporation are not compelled torepairthem. The owner must
repair all internal walls within the lot.
24. If the false ceiling was installed on the registration of the strata plan and were there to hide
communal piping, ducting or wiring etc then the owners corporation are responsible for this
false ceiling (other than painting, which shall be the lot owners responsibility). Otherwise all
false ceilings installed to hide the piping and ducting or wiring for the services of one lot are
the lot owners responsibility.
25. Original tiles and associated waterproofing affixed at the time or registration of the strata
plan and on aboundary wall or floor are the responsibility of the owners corporation. All
other tiles in any area on the lot are the owners responsibility. The two exceptions are:

• The tiles on the 2nd floor of a townhouse that was built prior to 1st July 1974. The tiles
on the floor in this case are the Owners responsibility.
• The tiles were laid by the owner and are subject to a by-law.

Who’s Responsible? A guide to common property | Page 13

26. Except for floor coverings in communal areas, all internal carpeting, floor coverings,
floating floors, lacquer and staining on surfaces of parquetry flooring within a lot are the
responsibility of the lot owner

27. Owners corporation must repair anything in the boundary walls. The Department of Fair
Trading has deemed any damage to common property made by either owners or tenants
as being the responsibility of the owners corporation to maintain and repair.

Unless the damage was deliberate, they deem this as normal wear and tear. An example of
this is the marking of the walls in the stairwell after a tenant moves in unless there is a by-
law in place to recoup the costs of the damage or an NCAT order has occurred.
28. Ceiling cornices onexternalwallsare generally the responsibility of the owners corporation
unless they abut a false ceiling orare attached to an internalwall and the lot owner has
made improvements to the ceiling in these cases they are the responsibility of the lot
owner.
29. Generally, if the tiles werethere on the registration of the strata plan, then they are the
responsibility of the owners corporation.

If they were installed after by the owners then they are the owner’s responsibility.

However, always refer to the strata plan for a clear indication of the balconies boundaries.

Be careful when reading notations on the strata plan, in accordance with the court
case “Seiwa Pty Ltd v Owners Strata Plan 35042”, the following example only defines
the upper boundary and not the lower boundary. “BALCONY LIMITED IN HEIGHT TO
2.5 ABOVE THE UPPER SURFACE OF THE CONCRETE FLOOR THEREOF EXCEPT
WHERE COVERED”. Any tiles attached to the concrete floor with the above notation
on the strata plan would still be the responsibility of the owners corporation if they
were affixed prior to registration of the strata plan
30. Membranes on flat roofs are generally the responsibility of the owners corporation unless
the building was registered prior to the 1st July 1974 and the roof area is part of the same
lot which is underneath the roof.

Furthermore it should be noted that if the owners corporation are responsible to maintain
the membrane, then they are also responsible to make good any structure that has to be
removed when repairing the membrane.
31. Whether a hot water service is inside or outside a lot and for the exclusive use of that lot it
is the responsibility of the owner. However if situated outside the lot and services more than
one lot it is the responsibility of the Owners Corporation unless subject to aspecial by-law.

32. Skirting boards and architraves are the owners responsibility unless situated on a common
wall and are original to the strata plan.

33. A strata plan will typically not show columns. They may exist within a courtyard or balcony
of a lot supporting the balcony above or within the lot supporting the slab. Either way the
columns are structural cubic space as they are supporting the structure of the balcony or
slab which is common property.

Note: A wallwhether structural or not cannot be structural cubic space. For a wall to form
common property it must be shown or referred to on the plan as common property. See
definition of structural cubic space.(cubic space occupied by a vertical structural member,
not being a wall, of a building).

Who’s Responsible? A guide to common property | Page 14

34. Stairs and Mezzanines within a lot are generally the responsibility of the owner corporation
if shown as a separate level in the strata plan unless the Strata Plan was registered
prior to 1st July 1974. The Strata Schemes Development Act 2015 defines a floor to
alsoincludeastairway or ramp.
35. Even though they may be within the boundaries of a strata lot the down pipes and attached
drainage pipes are structural cubic space as they service the roof and gutters which are
common property. Again this only applies provided the pipes were in place at the time
of registration of the plan. To add further pipes at a later date requires the creation of an
easement.
36. As intercom handsets are part of an integrated system and a faulty handset can affect the
overall workings of the intercomsystem, handsets aredeemed to be an owners corporation
responsibility regardless of whether they are mounted entirely within the airspace of a lot
provided that this intercom services more than one lot. If there are separate intercoms
for each lot i.e. a 2 lot strata scheme and they are not connected then each lot owner is
responsible for the maintenance of that intercom.
37. Normally the cleaningof windows is the responsibility of the owner or occupier of the lot.
However always check the by-laws of the strata scheme; even if model by-laws have been
used, the owners corporation is still responsible for cleaning regularly all exterior surfaces
of glassin windows and doors that cannot be accessed by the owner or occupier of the lot
safely or at all.
38. Everything in the airspace of a bathroom or kitchen including baths, toilets, sinks and
dishwashers are the owner’s responsibility. However the owners corporation’s building
insurance may cover some of these fixtures for damage if the water was to penetrate
between two floors, you would need to check your PDS to confirm if this is covered.
39. Railings are the responsibility of the owners corporation unless these railings are within a
lot then they are the responsibility of the lot owner
40. Prior to 1st July 1974 any Plastered ceilings and vermiculite ceilings (other than painting,
which shall be the lot owners responsibility). If these exist at the time of registration of
the strata plan they are the owners corporation responsibility to maintain, unless noted
otherwise or there is a by-law in place.

Internal paintwork is almost always the responsibility of the lot owner.

41. If the television aerial, or satellite dish or any cable or internet wiring servicing more than
one lot, regardless of it is contained in a lot or not is the responsibility of the owners
corporation.

If the aerial services only one lot it is the responsibility of the lot owner.
42. Ducting covering stack or structure covering a services that services more than one lot or
common property is the owners corporation responsibility to maintain
43. Letterboxes are the owners corporation responsibility unless within a lot and then this is the
lot owners responsibility.
44. Stopcock only serving that lot not within any common property wall is the lot owners
responsibility.

Who’s Responsible? A guide to common property | Page 15

Insurance Appendix
In broad terms building policies issued by insurance companies extend to include owners fixtures and structural
improvements in addition to common property considerations. The degree of cover is dependent upon the insurer
and type of cover held. The broadest types of cover available in the market are accidental loss or damage policies. At
the other end of the market are the cheaper defined events type covers.

For the purposes of this exercise it is assumed;

• cover has been issued under an accidental loss or damage type policy
• a by-lawdoes notexist makingrepairs for the itemtheresponsibility of a unitowner
• the installations are not illegal
• the said items have suffered lossor damage as a result of accidental means
• maintenance,deterioration, corrosion or otherspecificpolicy conditionsorexclusions arenotapplicable

Having regard for the assumptions noted above the classification rating of 1-4 can mean;
• The item forms part of thebuilding for insurance purposes. Covermay be available against accidental loss or
damage situations. The item is the responsibility of the lot owner to maintain.
• The item forms part of the building for insurance purposes however is unlikely to be covered having
regard for maintenance issues. If however maintenance is not an issue i.e. fire damage, thesituation
couldalterintoaclassificationrating1.
• The item may notnecessarily form part of thebuilding for insurance purposes however could becovered in
certain circumstances by a specialor additional benefit under the policy.
• Cover is unlikely. This is probably a maintenance issueor notinsured property under the building policy.

1 Note- this classification rating is intended as a guide only. Actual cover is dependent on the prevailing policy terms, conditions and exclusions that
may apply with the insurer at the time of loss.
PLATINUM SPONSORS

Address : Suite 102, Level 1, 845 Pacific Highway, Chatswood NSW 2067
Phonne : 02 9492 8200
Fax : 02 9492 8298
Website : nsw.strata.community

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