In a Building Format Plan, where is the boundary point between the lot and the common property? If an owner drills and screws into a boundary wall, why aren’t they making an improvement to common property?
An owner notified the committee they plan to renovate their kitchen, bathroom and laundry. These renovations include replacing the cabinets attached to boundary walls. The total cost of these works is estimated to be >$3,000.
Our building is under the Building Format Plan(BFP); no specific by-laws cover renovations.
Our body corporate manager advised that given the works are contained within the lot, approval for the works is not required. These are not improvements to common property.
In a BFP, where is the boundary point between the lot and the common property? If an owner drills and screws into a boundary wall, why aren’t they making an improvement to the common property?
Simply drilling into a boundary wall does not always equate to an improvement to the common property.
In a Building Format Plan, the boundary of lots is the midpoint of the structural elements (such as the boundary walls). If the boundary is between two lots, there is no common property involved – it is the two separate lots.
Common property will only come into the equation if the wall in question is the boundary separating the lot and the common property. However, simply drilling into a boundary wall does not always equate to an improvement to the common property. The work would need to extend beyond the midpoint of that wall (not the first paint layer).
Log in to your existing Lookupstrata Account to download the printable file.
Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
Lookupstrata Directory
Looking for QLD Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment