QLD: Can an owner split their lot into two units without approval?

Question: One owner in our three lot scheme has split their lot and created two units. As far as I know, no approval was sought or provided. Is this lawful?

I recently purchased a 3 level townhouse in a small complex. We are self-managed by one of the three owners. The person undertaking the manager’s role has split their lot into two units by enclosing part of the garage and office/bedroom on the ground floor, creating a separate unit with its own entrance, kitchen/living area, laundry, bathroom and bedroom. The owner now lets out the upstairs three-bedroom townhouse and the separate ground floor unit.

There is no Body Corporate Committee approval for this change and the body corporate records provided at the time of purchase show no reference to this structural change or change of material used.

I have requested access to the body corporate records to review whether this structural change was approved by the body corporate and I have been refused access.

Is there anything in the BCCM Act or Regulations that would cover such a material change of use in converting a single lot into a multi-use dwelling? What effect would such change have on the levies and would the body corporate need a new community management statement and bylaws to cover the change? As the next step, am I best to lodge a dispute?

Answer: You may need to obtain a copy of the development approval conditions and planning overlays.

There are a few points here:

• Firstly, an owner cannot be refused access to body corporate records. That may be worth following up on to facilitate any further action to be taken.
• There is nothing necessarily in the body corporate legislation that would prevent the works or use of the lot in that way. However, this will depend on what the by-laws provide for and the type of survey plan. Once that is known, there may be an angle to take in that regard.
• Whether the use of the lot in that manner is lawful depends on what council’s requirements are. To check this, you may need to obtain a copy of the development approval conditions and planning overlays.

This post appears in the November 2021 edition of The QLD Strata Magazine.

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