NSW: Is the sagging ceiling of a garage the responsibility of the lot owner or the owners corporation?

Question: The ceiling of a garage is sagging. Is the repair the responsibility of the lot owner or the owners corporation?

In Matthew Jenkins’ article in July 2023, ‘NSW: Q&A Unit owner requirement to maintain lot property‘, he mentioned that “ceilings” are common property.

Would it be possible for Mr Jenkins to elaborate on the comment? The ceiling of a garage is sagging, and we are not sure if it is the lot owner’s or the owners corporation’s responsibility.

Answer: The airspace of the lot ends at the under surface of the ceiling, meaning that the ceiling will be common property.

A lot owner usually only owns the airspace of a lot, and the strata plan will set out the boundaries of a lot.

If the ceiling was there at the time of registration of the strata plan, the ceiling is likely common property due to section 6 of the Strata Schemes Development Act 2015.

This section provides how the boundaries of a lot are determined. In particular, section 6(1)(a)(ii) provides that the horizontal boundaries of a lot in which a floor or ceiling joins a vertical boundary of a lot will be the upper surface of a floor and the under surface of a ceiling.

6 Boundaries of lot

1. For the purposes of this Act, the boundaries of a lot shown on a floor plan are—

1. except as provided by paragraph (b)—
   
   1. 
      
      1. for a vertical boundary in which the base of a wall corresponds substantially with a base line—the inner surface of the wall, and
   
   
   1. for a horizontal boundary in which a floor or ceiling joins a vertical boundary of the lot—the upper surface of the floor and the under surface of the ceiling, or

• the boundaries described on the floor plan relating to the lot, in the way prescribed by the regulations, by reference to a wall, floor or ceiling in a building to which the plan relates or to common infrastructure within the building.

• In this section—

base line—see paragraph (a) of the definition of floor plan in section 4 (1).

The airspace of the lot ends at the under surface of the ceiling, meaning that the ceiling will be common property.

Matthew Jenkins Bannermans Lawyers E: enquiries@bannermans.com.au P: 02 9929 0226