Question: If we are under the building format plan, are the roof and foundations the lot owner’s or the body corporate’s responsibility?
Our complex has townhouses in blocks of two and four under the building format plan. We are in a block of two lots.
The building is surrounded by a private yard, so the property’s boundaries move from the building wall to the private yard boundary.
The boundary of the private yard is unlimited in depth and height, so all external maintenance is the responsibility of the owner.
I’ve been told that the roof and foundations are the body corporate’s responsibility.
Answer: Usually, the roof of a BFP is common property – it is extremely rare for it not to be.
Usually a building format plan:
- defines the boundaries of a lot according to the structure (i.e. the walls and ceiling); and
- is specifically limited in height and depth – which is set out in the plan.
These are key distinctions to a standard format plan.
Usually the roof of a BFP is common property – it is extremely rare for it not to be. This is set out in the Land Title Act and the Registrar Direction for the Preparation of Plans.
The only way to confirm would be to obtain specific advice after reviewing the plan.
This post appears in Strata News #726.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753