QLD: Is my balcony wall common property for a kitchen renovation?

Question: I’m renovating my kitchen in a BFP high-rise, and one wall backs onto my balcony. Is that wall common property, and does it change what approval I need?

I’m planning to renovate my kitchen in a QLD body corporate scheme. We’re a 13-storey high-rise beachside building registered under a Building Format Plan. The works involve removing an island bench and replacing cabinets on mainly internal walls. One of the walls is the building’s external wall that adjoins my balcony.

Is this wall common property, or is it classed as an internal wall? If it is common property, does that change my obligations compared to purely internal works? Specifically, do I need to notify the body corporate before starting, obtain formal approval, and submit plans or any other documentation?

Answer: It depends on the by-laws, whether the balcony is exclusive use, and the extent of the works, with approval requirements ranging from none to an ordinary resolution.

The internal works may require committee approval depending on what the by-laws provide for.

For the external wall, whether approval is required (and if so, the type of resolution) will depend on:

1. the by-laws;
2. whether the balcony is exclusive use or part of the lot based on the survey plan; and
3. the extent of the works.

It may be the case that:

1. no approval is needed;
2. committee approval is sufficient; or
3. an ordinary resolution is needed.

This post appears in Strata News #810.

Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753