Question: An owners corporation manager has blocked access to a privately owned rooftop for months while works are underway. Can they do that, even on weekends?
Our owners corporation manager has blocked access to the roof for an indefinite period, likely some months, while abseilers complete maintenance and repair works on the outside of the building.
Each top-floor lot owns the area of roof above their apartment, mirroring the floor plan below. We reach it through the common property fire stairs.
With spring and summer coming, I’d like to use my private roof space on weekends, when no work is happening, to sit in the sun and read. The manager says that because the abseilers’ equipment is stored on the roof, access is not possible at any time.
Can the manager stop me from accessing my privately owned space for months on end?
Answer: An owners corporation can temporarily restrict roof access to carry out works safely, but a blanket ban for months needs a proper safety and legal basis.
If the rooftop area forms part of your lot on the registered plan of subdivision, it is private property. However, this does not necessarily give you unrestricted access while building works are underway.
An owners corporation may temporarily restrict access where reasonably necessary to carry out works safely. This could include periods when abseilers are working, or when ropes, anchors, or other equipment create an ongoing safety risk.
However, a blanket restriction for several months, including weekends when no works are taking place, should have a proper safety and legal basis. The fact that contractors are storing equipment on the roof would not, by itself, necessarily justify preventing an owner from accessing their private property at all times.
You could ask the owners corporation to identify the basis for the restriction, including why access cannot safely occur outside working hours and whether the contractor’s safe work method statement (SWMS), risk assessment or insurance requirements require the roof to remain an exclusion zone.
While there may be legitimate reasons for restricting access, a request for reasonable weekend access should at least be properly considered rather than refused simply because contractors are storing equipment on the roof.
This post appears in the November 2026 edition of The VIC Strata Magazine.
Julia Moroz Bugden Allen E: julia@bagl.com.au P: 03 8582 8100
