QLD: Understanding your plan of subdivision and exclusive use

Plan of subdivision: essential differences and exclusive use

We all know that a plan is essential if we’re going to progress anything. In strata in Queensland, the plan is just as important. Your plan of subdivision defines maintenance responsibilities and sets a framework for the basics of the scheme. Things get even more tricky when it comes to exclusive use areas.

Let’s try to unpack this.

Firstly, in Queensland, you can have either a standard or building format plan. Immediately there’s some confusion. The “standard” here is not the same as the Standard Module. A standard plan of subdivision defines land horizontally, using marks on the ground or a structural element of a building (e.g. survey pegs in the ground or the corner of a building). Townhouses and villas are prime examples of standard format plans.

A building format plan is usually found in high-rises. In this type of plan, where 1 lot is separated from another lot or common property by a floor, wall or ceiling, the boundary of the lot is the centre of the floor, wall or ceiling.

Your community management statement (CMS) provides for the plan relevant to your scheme. If you are not familiar with that, it is the document which contains your CTS number, establishes how your scheme runs, and includes details of your by-laws, among other things. You should have a copy in your paperwork. If not, you can get one from your body corporate manager or from the Titles Office. A fee will apply for the transaction with the Titles Office, although you can at least be sure that whichever document the Titles Office provides is the correct, most up-to-date one.

To get your basic grounding in the mysterious world of plans, we recommend looking at these resources from the Commissioner’s Office: the building format portion, and the standard format one.

Maintenance responsibilities and other key responsibilities vary depending on which plan applies, and this topic is covered in more depth here. We know that many people in strata want certainty and black and white rulings. Unfortunately, you just aren’t going to get it with this topic. While there is guidance and great resources (see above), sometimes a situation will arise that isn’t binary in nature and which might need further investigation, or possibly qualified advice (be it legal, surveying, or other).

When it comes to exclusive use, legislation does give us some guidance. In section 192(3) of the Body Corporate and Community Management (Standard Module) Regulation 2020 (the Standard Module) (equivalent provisions of other Modules), we can see as follows:

(3) However, if the lot was created under a building format plan of subdivision, in the absence of other specific provision in the by-law, the owner of the lot is not responsible for—

1. maintaining in good condition roofing membranes that—
   1. are on the part of the common property to which the by-law applies; and
   
   
   2. provide protection for lots or common property; or


2. maintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner—
   1. foundation structures;
   
   
   2. roofing structures providing protection;
   
   
   3. essential supporting framework, including load-bearing walls.

Meanwhile, section 180 of the Standard Module provides for specifics of maintenance responsibilities in building format plan schemes. It’s essential to read this section carefully (which means, multiple times) because its construction is a little complicated and there is also the use of “or” and “and” throughout: if you watched our legislation webinar, you’d know how essential both terms are to the proper understanding of a piece of legislation.

Despite all the above, the reality is that legislation is sometimes unclear about standard vs building format plan issues, and relevant responsibilities. Clarity comes from adjudicators’ orders. While adjudications are not precedent, because each case is considered on its merits, they do provide useful guidance about how different issues are likely to be treated. We know that’s going to be frustrating for some people. After all, who doesn’t want things to be definitive? Nonetheless, that’s the system we have.

Taking that system into account, here are our practical tips for navigating the intricacies of the format plans and things like exclusive use areas:

1. Get informed and be accurate: check your CMS to be clear on the plan applying to your scheme and make sure you use the right terms. Avail yourself of the many resources available to enhance your understanding and make it practical.
   
2. Refer to the legislation for the specifics: as we note above, some parts of legislation are already reasonably clear on plan responsibilities.
   
3. Look at previous adjudications.
   
4. Consider reasonableness: bodies corporate have a legislated responsibility to act reasonably. While reasonableness varies from case to case, a good way to think of reasonableness is methodical, objective decision-making based on data-driven material. In other words, don’t rely on whim, vibe or what a stranger on social media thinks.
   
5. Gather information and decide: whether you are an owner or the committee, the process is the same. Get information about the situation, carefully consider and then decide reasonably. If you’re the committee, your decision is about whether to accept or not accept the responsibility. Same if you are the owner, although the path to your decision is driven by what the committee (or a general meeting of all owners) decide. Your decision might then be to dispute the status quo.

Finally, there is no substitute for qualified advice. If you need to know about building issues, get a builder or engineer. If you want to know about legalities, speak to a strata lawyer. If you need assistance on dispute resolution, you might like to speak to someone specialising in strata dispute resolution. Guessing, assuming or sensing in strata are rarely successful paths to follow.

This is general information only and not legal advice.

This post appears in the August 2026 edition of The QLD Strata Magazine.

Chris Irons Owners Corporation Network of Australia Ltd. E: chris.Irons@ocn.org.au