Question: Can a lot owner in a duplex park on a shared common driveway if it does not block access to the other lot?
We own unit 2 in a duplex. Unit 1 recently changed ownership. The two lots share one common driveway.
We are a family of four and want to park in the common driveway in front of our garage. We do not block access to unit 1’s garage.
Unit 1 can drive into their garage and reverse out down the driveway, and we do the same. Neither unit has a turning bay. Can we park on the common driveway in front of our garage if unit 1 can still access their garage?
Answer: Verbal arrangements and historical parking do not prevent a dispute.
In most strata schemes, a shared driveway is common property unless it is specifically included within a lot on the registered strata plan. You should check the strata plan to confirm whether the area between the two garages is lot property or common property. If it is common property, no individual owner has the right to use it for parking unless the owners corporation has given consent, for example, through a by-law granting exclusive use or a special privilege.
A long-standing verbal agreement between previous owners does not override this, although the arrangement can be formalised by proper approval, such as a registered by-law.
You should also review the current by-laws, as many schemes have parking and obstruction by-laws. A common model by-law is along these lines:
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An owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners corporation or as permitted by a sign authorised by the owners corporation
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An owner or occupier must not obstruct or unreasonably interfere with the use of common property by others
Even if parking on common property has occurred historically, it can still be challenged, particularly if it interferes with another owner’s access.
Practical next steps include confirming the status of the area on the strata plan, checking whether any by-law permits or restricts parking, and seeking a written agreement with clear conditions, which can then be recorded in the minutes of a general meeting. If you want the arrangement to be ongoing, the most secure option is to adopt a by-law granting exclusive use or a special privilege over that part of the driveway.
If agreement cannot be reached, the dispute may need to proceed through NSW Fair Trading mediation and, if unresolved, NCAT.
This post appears in the May 2026 edition of The NSW Strata Magazine.
Jana Antelmann
Strata Life
E: jana@thestratalife.com.au
P: 02 9456 9917
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