Who fixes what: common property, lots and water leaks

In short

• The registered plan draws the line. Everything inside a lot's boundaries belongs to the owner, and everything else is common property. Where the plan is silent, each state has a default rule. In NSW, WA, SA and for older NT schemes the default boundary is the inner surface of the walls, the upper surface of the floor and the under surface of the ceiling. In TAS and the ACT it is the centre of the wall, floor or ceiling. In VIC the plan itself must say which kind of boundary applies. In QLD it depends on whether the scheme is on a building format plan or a standard format plan.
• The scheme maintains and repairs common property. Every state and territory gives the owners corporation, body corporate, strata company or corporation that job. NSW, VIC, QLD, WA, the ACT and the NT's older 1975 Act put it as a duty; SA and TAS list it among the corporation's functions; the NT's 2009 Act speaks only of managing the common property. Some states go further. In QLD, building format plan schemes must also maintain roofs, foundations, load-bearing walls and boundary windows and doors. In the ACT, schemes must also maintain the load-bearing parts and balconies of apartment buildings, even where they sit inside a lot.
• Owners look after their own lot. That duty comes from the Act, the regulations or the by-laws, depending on the state. Things that serve only one lot, such as its hot water system, air conditioner and the pipes and wiring inside the lot, are usually the owner's. A by-law can change that, and the exact rule differs by state.
• For a leak, the source decides. If the water comes from common property, such as a roof, a shared pipe, a slab membrane or a boundary window, the scheme usually fixes the source. If it comes from something that belongs to a lot, such as a tap, a shower or an owner-laid tile, that owner usually does. The damage it causes is often a claim on the scheme's building insurance, and who pays the excess varies by state and by policy.
• The scheme can enter a lot to do its work, usually after written notice (7 days in VIC, QLD, WA and the ACT) and at any time in an emergency. In most states it can also do work an owner fails to do and recover the cost.
• An owner can make the scheme repair through the state's dispute process: NCAT in NSW, VCAT in VIC, the Commissioner's adjudicators in QLD, SAT in WA, the Magistrates Court in SA, the Recorder of Titles in TAS, ACAT in the ACT and NTCAT in the NT. In NSW the Act also lets an owner claim damages for loss caused by a failure to repair, within 6 years.

How it works

Step 1: find the boundary

A strata or unit plan shows each lot and the common property around it. Common property is simply whatever is not inside a lot. In a building, the question is where exactly the lot stops. The answer decides who owns, and usually who maintains, the walls, floors, ceilings, windows, doors and balconies.

Each Act sets a default rule that applies unless the plan says otherwise:

State	Default boundary in a building	Where it comes from
NSW	Inner surface of walls, upper surface of floor, under surface of ceiling	Strata Schemes Development Act 2015 s 6
VIC	No single default: the plan must say "interior face", "median" (middle of the structure), "exterior face" or another location	Subdivision (Registrar's Requirements) Regulations 2021 reg 10
QLD	Building format plan: the building's floors, walls and ceilings (the Commissioner describes this as the centre). Standard format plan: land boundaries marked on the ground	Land Title Act 1994 ss 48A to 48D
WA	Strata scheme: inner surface of walls, upper surface of floor, under surface of ceiling. Survey-strata scheme: land boundaries, with no building on the plan	Strata Titles Act 1985 ss 3(2) and 9
SA	Strata: inner surface of walls, upper surface of floor, under surface of ceiling	Strata Titles Act 1988 s 5(5); Community Titles Act 1996 s 19(4)
TAS	Centre of the boundary structure (wall, floor, ceiling or fence)	Strata Titles Act 1998 s 5(3)
ACT	Centre of the floor, wall or ceiling, including external walls	Unit Titles Act 2001 ss 14 and 15
NT	Schemes under the 2009 Act: the dividing structure is not part of the unit unless the scheme statement says otherwise. Older schemes under the 1975 Act: inner surface of walls, upper surface of floor, under surface of ceiling	Unit Title Schemes Act 2009 s 37; Unit Titles Act 1975 s 4

The plan always wins over the default. Older plans can follow different rules, and a later by-law or plan amendment can move things around, so the first step in any repair question is to get a copy of the registered plan and the current by-laws. The plan is available from the state's land titles office.

Step 2: who maintains each side

The general pattern is the same everywhere:

• Common property (roof, structure, external walls, shared pipes and wiring, lifts, driveways, gardens, shared facilities) is maintained and repaired by the scheme and paid for from levies. See budgets and levies.
• The lot (internal walls, fixtures, fittings, appliances, floor coverings, paint inside) is maintained by its owner.
• By-laws can move responsibility. A common property rights or exclusive use by-law usually makes the owner who gets the benefit, such as a courtyard or a parking space, responsible for maintaining that area. In some states a by-law or resolution can also take on work for owners. See by-laws.

Step 3: the grey areas

These cause most of the arguments. The table shows the usual position, but the plan, the by-laws and the state's rules decide each case.

Item	Usual position	Why it varies
Windows and window frames	Scheme, where they sit in a boundary or external wall	The boundary rule. In TAS and the ACT the boundary runs through the middle of the wall. In QLD building format plans the body corporate maintains boundary windows by law
Balcony balustrades and railings	Scheme	QLD building format plans and the ACT say so expressly. Elsewhere it follows the plan
Balcony tiles and waterproofing	Original tiles and membrane: often the scheme. Tiles an owner laid later: that owner	Whether the balcony is inside the lot. NSW's optional common property memorandum gives original tiles and waterproofing to the owners corporation
Front entry door to the lot	Often the scheme, as it sits in the boundary wall	NSW memorandum: the owners corporation maintains it, except extra locks and keys
Pipes and wiring serving one lot	Owner, if inside the lot. Scheme, if inside a boundary wall or slab, or if they serve more than one lot	QLD Act s 20: anything in a boundary structure is common property. VIC s 129: the owner maintains a service that serves only their lot
Hot water system serving one lot	Owner, even if it sits on common property	QLD Standard Module s 180(4), NSW memorandum, VIC s 129(b)
Air conditioner serving one lot	Owner, even if the outdoor unit is on the roof or common property	QLD Standard Module s 180(4), NSW memorandum
Bathroom waterproofing	Depends on whether the membrane is in a common property floor or wall, and who installed it	NSW memorandum: original membranes on common property floors and walls go to the owners corporation. QLD: the owner maintains the shower tray (Standard Module s 180(4)(b))
Internal walls, carpet, internal paint	Owner	Same everywhere

Step 4: water leaks between units

A leak usually involves three separate questions: stopping the water, fixing the cause and paying for the damage. In general terms, this is how schemes usually work through one.

1. Stop the water and make it safe. Turn off the lot's stopcock, or ask the committee or manager to isolate the supply. Most Acts let the scheme enter a lot without notice in an emergency, and VIC's Act names a leak as an emergency (Owners Corporations Act 2006 s 51(3)). See "The scheme's right to enter a lot" below.
2. Tell the scheme in writing straight away, with photos, the date and the units affected. Insurers and tribunals look closely at when the scheme was told.
3. Find the source. In practice the committee or manager usually brings in a plumber or leak detection specialist, because the source decides everything else. Owners give access to their lots as each Act requires.
4. Fix the source. If the source is common property, such as a roof, a shared riser, a slab membrane or a boundary window seal, the scheme fixes it. If the source belongs to a lot, such as a tap, toilet, flexi hose, shower screen or tiles the owner laid, that owner fixes it. If the owner does not, the scheme can usually do the work and recover the cost (see "When an owner will not do the work" below).
5. Deal with the damage. Damage to the building, including other lots' ceilings and walls, is often covered by the scheme's building insurance, and the scheme makes the claim. Owners' and tenants' own contents insurance covers contents. The excess depends on the state's rules, the policy and any by-law. See insurance and the table below.
6. If someone was at fault, for example an owner who ignored a known leak, the scheme or the affected owner may be able to recover costs from them. The ACT and VIC Acts deal with this expressly. Elsewhere it is mostly the general law.
7. If it stalls, use the scheme's dispute steps and then the state's tribunal or commissioner. See disputes.

Who pays the insurance excess. Only some Acts say:

State	What the law says about the excess on the scheme's building policy
NSW	Nothing in the Act's insurance Part; it depends on the policy and any by-law (Strata Schemes Management Act 2015 Part 9)
VIC	The owners corporation may levy an owner for the excess on a claim relating solely to their lot, or caused by the culpable or wilful act or gross negligence of the owner, their tenant or a guest (Owners Corporations Act 2006 s 23A(3))
QLD	Event affecting only 1 lot: the owner pays unless the body corporate decides that is unreasonable. Event affecting 2 or more lots, or a lot and common property: the body corporate pays unless it decides otherwise (Standard Module s 203)
WA	Nothing in the Act or the general regulations
SA	Strata corporations: nothing in the Act. Community corporations: "any excess or shortfall resulting from under insurance" is met by the corporation (Community Titles Act 1996 s 103(3))
TAS	The body corporate pays, but for an event affecting only 1 lot the owner pays unless the body corporate decides by ordinary resolution that this would be unreasonable (Strata Titles Act 1998 s 99(4) and (5))
ACT	The owners corporation lodges the claim and pays the excess, and can recover a cost caused by an owner's or occupier's wilful or negligent act or rule breach (Unit Titles (Management) Act 2011 ss 100A and 31)
NT	Nothing in the Act or the management modules

State by state

New South Wales

Boundaries. Unless the plan describes the boundaries another way, a lot's vertical boundaries are the inner surface of the walls, and its horizontal boundaries are the upper surface of the floor and the under surface of the ceiling. "Wall" includes doors and windows (Strata Schemes Development Act 2015 ss 4 and 6). Pipes, wires, cables and ducts that are not for the exclusive benefit of one lot are common infrastructure, which is common property unless it forms part of a lot (s 4). Lots in older schemes under the Conveyancing (Strata Titles) Act 1961 had boundaries at the centre of floors, walls and ceilings; where the plan did not say otherwise, those boundaries are now taken to be the upper surface of the floor, the inner surface of the wall and the under surface of the ceiling (Sch 8 cl 10). Plans can still describe boundaries their own way, so check the plan itself.

The owners corporation's duty. The owners corporation must properly maintain the common property and keep it in good and serviceable repair. It must also renew or replace fixtures and fittings (Strata Schemes Management Act 2015 s 106(1) and (2)). There are three limits:

• It can decide by special resolution not to repair a particular item, but only if repair is inappropriate and the decision will not affect safety or the building's appearance (s 106(3)).
• It can hold off repairing damage while it pursues whoever caused it, as long as safety, access and use are not affected (s 106(4)).
• The duty is subject to any common property memorandum, common property rights by-law or s 108 by-law that moves the work to an owner (s 106(7)).

Owners' duties. The Act does not set a general "maintain your lot" duty. It does stop owners from interfering with support, shelter or services (s 151) and from causing a nuisance or hazard (s 153). They must also give 14 days' notice before altering the lot's structure (s 152). The model by-laws for residential schemes do not add a general duty to maintain the lot either, although an owner who installs things such as locks, screens or safety devices on common property must keep them in repair (Strata Schemes Management Regulation 2016 Schedule 3 by-law 2). A scheme's own by-laws may set out more.

The common property memorandum. NSW has an optional, government-made list of who maintains what. It applies only if the scheme adopts it by by-law (s 107; Strata Schemes Management Regulation 2016 cl 27). Under it:

• The owners corporation maintains windows in common property walls, original tiles and waterproofing, balcony railings and ceilings, pipes in common property walls, floors and ceilings, the main stopcock, and hot water and air conditioning systems serving more than one lot.
• The owner maintains pipes downstream of the stopcock that serve only that lot and are not in a common property wall. The owner also maintains taps, toilets, baths, shower screens, tiles and waterproofing they laid later, and any hot water system or air conditioner serving only their lot.

See the memorandum.

Entry. The owners corporation may enter any part of the scheme to do or assess its own work: at any time in an emergency, and otherwise with the occupier's consent or a Tribunal order (s 122). The Act sets no fixed notice period. NCAT can order an occupier to give access (s 124). The owners corporation is liable for damage it causes when it enters, unless it was obstructed (s 122(6)).

When an owner will not do the work. The owners corporation can do work an owner or occupier was required to do but did not, under a by-law, a public authority notice, an order under the Act, or to remedy a breach of their duties in Part 8 of the Act (such as interfering with support or services), and recover the cost as a debt (s 120).

Making the owners corporation repair, and damages. An owner who suffers loss because the owners corporation failed in its s 106 duty can recover reasonably foreseeable loss as damages (s 106(5)). The claim must be brought within 6 years after the owner first becomes aware of the loss (s 106(6); the limit was 2 years before 1 July 2025). NCAT can make orders to settle a dispute, including about a failure to act (s 232), and most applications need mediation through NSW Fair Trading first (s 227). NCAT can also order the owners corporation to consent to repairs an owner proposes to carry out on common property if it has refused unreasonably (s 126). Since 27 October 2025 NSW Fair Trading can also investigate the repair duty and issue compliance notices (Part 10A, ss 188A to 188ZC).

Leaks. NSW Fair Trading's guidance is that the owners corporation repairs common property and owners repair their own property. An owner who calls an emergency tradesperson may be able to get a refund from the owners corporation by showing the problem came from something it is responsible for, such as water damage from plumbing in a boundary wall (Strata repairs and maintenance).

Victoria

Boundaries. A plan of subdivision that uses a building to define boundaries must say which type applies: interior face, median (the middle of the wall, floor or ceiling), exterior face or another location (Subdivision (Registrar's Requirements) Regulations 2021 reg 10). So in Victoria the answer is on the plan. Where the boundary is the interior face, unless the plan says otherwise, internal coverings, waterproof membranes and fixtures attached to walls, floors and ceilings sit inside the lot (reg 10(4)(a)). Plans registered under earlier regulations may describe boundaries differently, so read the notations on your own plan.

The owners corporation's duty. The owners corporation must repair and maintain the common property, and the chattels, fixtures, fittings and services related to it (Owners Corporations Act 2006 s 46). It must also repair and maintain a service in or relating to a lot that benefits more than one lot and the common property (s 47(1)). At an owner's request and cost, it may repair a service to a lot where it is impracticable for the owner to do it (s 47(2)).

Owners' duties.

• An owner must keep in good and serviceable repair any part of the lot that affects its outward appearance or the use or enjoyment of other lots or the common property. They must also maintain any service that serves only their lot (s 129).
• An owner must not repair, alter or maintain common property, or a service that benefits more than one lot, unless the owners corporation has expressly authorised them as its agent (s 47A). Calling your own plumber to fix a shared pipe can leave you with the bill.
• Where a boundary bisects a roof and is not at the internal face of the walls, the owner maintains eaves and guttering that overhang the lot (s 131).

Entry. The owners corporation may authorise a person to enter a lot to do its work on services, on default work and on the common property (s 50). It must give the occupier at least 7 days' written notice, unless the occupier agrees to less or there is an emergency, and an emergency includes a leak or a similar problem needing prompt attention (s 51(1) and (3)). Once notice is given, the occupier must let the authorised person in (s 51(2A)). Rented lots get the notice the Residential Tenancies Act 1997 requires (s 51(2)).

When an owner will not do the work. If an owner fails to do work needed because the lot's outward appearance or state of repair, or others' use and enjoyment, is affected, the owners corporation can serve a notice. The owner has 28 days to comply. After that the owners corporation can do the work and recover the cost as a debt (s 48). Work done wholly or mainly for some lots can be charged to those lots, with the lot that benefits more paying more (s 49).

Insurance excess. The owners corporation may levy an owner for the excess on a claim that relates solely to their lot. It may also levy an owner for the excess or a premium increase where the claim was caused by a culpable or wilful act or gross negligence of the owner, their tenant or a guest (s 23A(3)).

Making the owners corporation repair. Disputes first go through the owners corporation's own complaints process (Part 10 and the model rules). Consumer Affairs Victoria can help with conciliation or mediation, and VCAT can order an owners corporation to do something, including repairs (Part 11). See VCAT: repair and maintain common property.

Queensland

Boundaries and plan types. A plan of survey can be in standard, building or volumetric format (Land Title Act 1994 ss 48A to 48D). This makes a big difference to who maintains what:

• Building format plan (most apartment buildings): lots are defined using the structural elements of the building, such as floors, walls and ceilings (Land Title Act s 48C). The Act does not say where within the wall the line falls; the Commissioner for Body Corporate and Community Management's guidance is that the boundary is the centre of the floor, wall or ceiling separating a lot from another lot or common property (Commissioner: building format plans). The registered plan is the final word.
• Standard format plan (many townhouse and duplex schemes): lots are defined by marks on the ground. The building on a lot is part of the lot, so the owner maintains most of it, including the roof, external walls and foundations. The body corporate maintains common property such as driveways, gardens and shared facilities (Commissioner: standard format plans).

Utility infrastructure. All utility infrastructure on scheme land is common property, except infrastructure that serves only one lot, is inside that lot's boundaries and is not within a boundary structure such as a floor, wall or ceiling (Body Corporate and Community Management Act 1997 s 20). A pipe that serves only one unit but runs through the slab is therefore common property.

The body corporate's duty. The body corporate must maintain common property in good condition, and in a structurally sound condition so far as it is structural (Standard Module s 180(1)). For a building format plan it must also:

• maintain in good condition the railings, parapets and balustrades on a lot's boundary, the doors, windows and fittings in a boundary wall between a lot and common property, and roofing membranes that protect lots or common property;
• keep foundations, roofing structures and essential supporting framework, including load-bearing walls, structurally sound, even where they are not common property (s 180(2)).

There are limits:

• The body corporate is not responsible for fixtures and fittings an occupier installed for their own benefit (s 180(3)).
• The owner maintains a hot water system, washing machine, clothes dryer, solar panels, air conditioner, television antenna or similar device that serves only their lot, even if it sits on common property, and the shower tray serving their lot (s 180(4)).
• The body corporate can recover a fair share of the cost of s 180(2) work from a person whose actions caused or contributed to the damage (s 180(5) and (6)).

The Accommodation, Commercial and Small Schemes modules have their own versions of these rules.

Owners' duties. An owner must maintain the lot in good condition, except the parts the body corporate must maintain, and maintain the utility infrastructure within the lot that is not common property (Standard Module s 211).

Entry. A person authorised by the body corporate may enter a lot to inspect or do work the body corporate is authorised or required to do: at any time in an emergency, and otherwise at a reasonable time after at least 7 days' written notice (Act s 163). Obstructing them is an offence.

When an owner will not do the work. If an owner fails to do work the Act, the by-laws or an order requires, the body corporate can do it and recover the reasonable cost as a debt (Act s 161; Standard Module s 212).

Insurance excess. The body corporate may insure with an excess, as long as it does not place an unreasonable burden on individual owners. For an event affecting only one lot, the owner pays the excess unless the body corporate decides that is unreasonable. For an event affecting two or more lots, or a lot and common property, the body corporate pays unless it decides otherwise (Standard Module s 203).

Making the body corporate repair. Disputes go through the Commissioner's conciliation and adjudication process (Act chapter 6). An adjudicator can order repairs worth up to $75,000, or reimbursement of up to $10,000 for repairs an owner paid for. The Act's own example is a leaking common property roof membrane damaging carpet in a lot (s 281). Appeals to QCAT are on questions of law only, within 6 weeks (ss 289 and 290).

Western Australia

Boundaries. In a strata scheme, unless the floor plan describes them differently, a lot's vertical boundary is the inner surface of the wall and its horizontal boundaries are the upper surface of the floor and the under surface of the ceiling. "Wall" includes doors and windows (Strata Titles Act 1985 s 3). In a survey-strata scheme the lots are areas of land, the plan shows no buildings, and each owner looks after the buildings on their own lot (s 9). Schedule 2A has special rules for single tier strata schemes.

The strata company's duty. The strata company must control and manage the common property for the benefit of all owners. It must keep the common property, including fittings, fixtures and lifts, in good and serviceable repair, properly maintain it and renew or replace it when needed. This applies whether the damage comes from fair wear and tear, an inherent defect or any other cause (s 91(1)). Under an exclusive use by-law, the occupier usually maintains that area unless the by-law says otherwise (Landgate: WA Strata Living Guide). If a structural defect inside a lot affects support or shelter for another lot or the common property, the strata company may fix it at its own cost (s 94(6)).

Owners' duties. Under the default governance by-laws, an owner must maintain and repair the lot and keep it in good condition, apart from fair wear and tear and damage by fire, storm, tempest or act of God (Schedule 1 by-law 1(1)(b)). Schemes with their own registered by-laws may say something different.

Entry. The strata company may enter any part of the parcel to do its work, inspect, or check compliance with the Act and by-laws (s 95). It must give the occupier at least 7 days' notice in the approved form, unless the occupier agrees to less or there is an emergency, and must make good any damage (ss 65 and 66).

When an owner will not do the work. The strata company can do work an owner fails to do under a notice from a public authority, an exclusive use by-law, a statutory easement duty or a court or tribunal order, and recover the cost as a debt (s 94).

Making the strata company repair. The State Administrative Tribunal resolves scheme disputes, including a failure to perform a function under the Act or the by-laws (s 197). Landgate suggests writing to the council and trying mediation first.

South Australia

South Australia has two systems. Strata corporations under the Strata Titles Act 1988 cover schemes created before 1 June 2009. Community corporations under the Community Titles Act 1996 cover newer schemes, including community strata schemes.

Boundaries. Subject to the plan, a unit's boundary is the inner surface of a wall or fence, the upper surface of a floor and the under surface of a ceiling or roof (Strata Titles Act 1988 s 5(5)). Common property includes pipes, cables, wires, ducts and drains that are not for the exclusive use of one unit (s 5(6)). Community strata lots follow the same rule (Community Titles Act 1996 s 19(4)). Other community lots are areas of land, and the owner keeps up the buildings on them. Strata plans deposited before the Act started on 1 September 1988 keep the unit boundaries they had under the old law unless the plan has since been amended (Strata Titles Act Sch 2 cl 2(2)). The Legal Services Commission says those older plans generally put the boundary midway through walls, floors and ceilings, so check the plan itself.

The corporation's duty. A strata corporation's functions include administering and maintaining the common property (Strata Titles Act s 25(a)). A community corporation must maintain the common property in good order and condition (Community Titles Act s 75(1)(b)). Work that wholly or substantially benefits particular units can be charged to those owners (Strata Titles Act s 27(6)).

Owners' duties. Under the standard articles, a unit holder must keep the unit in good repair (Strata Titles Act Sch 3 art 1). A community lot owner must keep the lot and its improvements in good order and condition, unless the by-laws give that job to the corporation (Community Titles Act s 134).

Entry and work on a unit. A strata corporation can give an owner written notice to carry out work. If the work is not done, it can enter on at least 2 days' written notice to the owner and occupier and do it, and it can enter with whatever notice is reasonable where urgent action is needed to avert death, injury or significant damage. The owner is liable for the reasonable cost, and can recover it from whoever caused the problem (Strata Titles Act s 28). Community corporations have a similar power, but force may be used to enter a strata lot, or a building on any other lot, only under a Magistrates Court order, except in an urgent case (Community Titles Act s 101). One unit owner can also enter another unit, after practicable notice, to investigate or repair a failed water, gas, electricity, sewerage or drainage supply, and must make good any damage (Strata Titles Act s 42).

Making the corporation repair. SA has no strata regulator, and these disputes do not go to SACAT. Applications go to the Magistrates Court, or to the District Court with its permission for complex or significant matters (Strata Titles Act s 41A; Community Titles Act s 142), and the government suggests community mediation first (SA strata titles). Both Acts are still the versions in force since 9 December 2021; the only amendment not yet in force is a change by the Biodiversity Act 2025 to the definition of "statutory encumbrance", which does not affect maintenance or disputes.

Tasmania

Boundaries. Where a boundary structure (a wall, floor, ceiling or fence) separates a lot from another lot or common property, the boundary is the centre of the structure unless the strata plan says otherwise (Strata Titles Act 1998 s 5(3)). Where the roof is common property, so is its guttering (s 3A). Service infrastructure inside a lot that serves only that lot is common property only if it sits within a boundary structure (s 9).

The body corporate's duty. The body corporate must maintain the common property in good condition and keep it in good and serviceable repair (s 81(1)(c)). An exclusive use by-law makes the owner with the benefit responsible for maintaining that area, unless the by-law says otherwise (s 94(5)).

Owners' duties and entry. The model by-laws in Schedule 1 apply where the scheme has adopted them or lodged no by-laws of its own (s 90). Under them:

• An owner must keep buildings and structural improvements on the lot in good repair, and carry out work on the lot that a public authority or the body corporate requires (Schedule 1 by-law 1).
• The body corporate is entitled to reasonable access to a lot to maintain, repair or replace common property: on reasonable notice, or without notice in an emergency (Schedule 1 by-law 3).

When an owner will not do the work. The Act has no general power for the body corporate to do an owner's work and recover the cost as a debt. Instead, where an owner breaches a by-law (such as the duty to keep the lot in repair), the body corporate can give a written notice allowing at least 30 days to fix it (s 95). If that fails, it can ask TASCAT to enforce the by-law, and TASCAT can make orders and impose a fine of up to 50 penalty units, recoverable by the body corporate as a debt (s 96). It can also apply to the Recorder of Titles for relief (s 95(2) and Part 9).

Insurance excess. The body corporate pays the excess on its building policy, but for an event affecting only one lot the owner pays unless the body corporate decides by ordinary resolution that this would be unreasonable (s 99(4) and (5)).

Making the body corporate repair. An owner can apply in writing to the Recorder of Titles for relief (Part 9, s 105). If the body corporate has unreasonably failed to carry out an owner's proposal to repair damage to the common property, the Recorder can order it to make or allow the repairs (s 114). The Recorder can also order the body corporate to make or pursue an insurance claim (s 116).

Australian Capital Territory

Boundaries. For a class A unit (part of a building), the boundary with common property or another unit runs along the centre of the floor, wall or ceiling, and the outer half of an external wall is common property, unless the plan says otherwise (Unit Titles Act 2001 ss 14 and 15). Class B units are areas of land.

The owners corporation's duty. The owners corporation must maintain:

• the common property and other property it holds;
• the load-bearing walls, columns, footings, slabs and beams of any building containing class A units, and any part of a balcony, whether or not they are common property;
• shared utility facilities;
• buildings on class B units, if a special resolution says so (Unit Titles (Management) Act 2011 s 24).

It does not have to paint a unit unless the painting follows other maintenance (s 26(1)). It must also keep a maintenance plan (s 24(2)).

Owners' duties. Under the default rules, a unit owner must keep the unit in a state of good repair and do any work a territory law requires (Unit Titles (Management) Regulation 2011 Schedule 1 rule 1.3).

Entry. The owners corporation can enter a unit without notice in an emergency, and the Act's own example is water flowing from one unit into another. To inspect or maintain common property, the executive committee must authorise the entry by resolution and give the owner or occupier at least 7 days' written notice (s 28).

Work for owners and recovering costs. By ordinary resolution, the owners corporation can agree to maintain a unit for its owner and recover the cost (ss 29 and 30). It can also recover as a debt any cost caused by an owner's or occupier's wilful or negligent act or omission, or a breach of the rules, including reasonable legal costs (s 31).

Insurance excess. The owners corporation lodges any claim on the building policy and pays the excess (s 100A), subject to recovering costs caused by an owner's fault under s 31.

Making the owners corporation repair. ACAT can hear unit titles disputes and order a party to do, or stop doing, something (ss 125 and 129). Access Canberra's guidance is that owners should contact the owners corporation before a tradesperson works on common property, as an owner who goes ahead without permission may have to pay.

Northern Territory

The NT has two systems: unit title schemes under the Unit Title Schemes Act 2009, and older units plans under the Unit Titles Act 1975.

Boundaries. Under the 2009 Act, a ceiling, floor or wall separating a unit from another lot is not part of the unit, unless the scheme statement says otherwise (Unit Title Schemes Act 2009 s 37). Common property is whatever the scheme statement specifies (s 33). Under the 1975 Act, the default boundary is the inner surface of walls, the upper surface of the floor and the under surface of the ceiling (Unit Titles Act 1975 s 4).

The body corporate's duty.

• 2009 Act: the body corporate's function is managing the common property (s 27), and annual contributions fund maintenance and repairs of the common property (Management Module 1 and 2 cl 49). Neither the Act, the management modules nor the default by-laws in Schedule 2 of the Act set an express "keep in good repair" duty for the body corporate or a duty on owners to maintain their units. A scheme's own scheme statement or by-laws may add one.
• 1975 Act: the corporation must keep the common property in good repair and maintain, and renew where reasonably necessary, the pipes, wires, cables, ducts and equipment for shared services (s 34). It can recover the cost of work that relates to some units from those owners (s 45).

Entry. Lots in a 2009 Act scheme carry statutory easements for utility infrastructure, support and shelter, with a right to enter another lot after reasonable notice, or without notice in an emergency (ss 50 and 51). Under the 1975 Act's default articles, the corporation's authorised agent may enter a unit at reasonable times to inspect it or do the corporation's work, after reasonable notice or without notice in an emergency, and each member must repair and maintain their unit and keep it in good repair (Schedule 1 art 2(1) to (3)).

Making the body corporate repair. Disputes about a unit, the common property or a body corporate's failure to perform a function can go to NTCAT, which can make any order it considers appropriate (2009 Act ss 84 to 86). Schemes under the 1975 Act also go to NTCAT, which can order the corporation to perform a function, pay money or take other action (1975 Act s 106).

The NT versions read (Unit Title Schemes Act 2009 and Unit Titles Act 1975 as in force at 27 November 2023, and the Unit Title Schemes management modules as in force at 12 May 2023) were still the current reprints on 2 October 2026.

If it goes wrong: where to get help

State	Contact first	Who decides disputes
NSW	NSW Fair Trading, 13 32 20 (free strata mediation)	NCAT
VIC	Consumer Affairs Victoria, after the owners corporation's own dispute process	VCAT
QLD	Office of the Commissioner for Body Corporate and Community Management	Commissioner's conciliation and adjudication; QCAT on appeal
WA	Landgate strata enquiries, (08) 9273 7047	State Administrative Tribunal
SA	SA strata titles information and community mediation	Magistrates Court
TAS	Land Titles Office, NRE Tasmania	Recorder of Titles
ACT	Access Canberra	ACAT
NT	NT Consumer Affairs	NTCAT

For building defects in a newer building, statutory home warranty and builder rectification schemes may also apply. Those are separate from the scheme's repair duty.

How FairLot helps

• Maintenance requests: owners log a leak or repair with photos, the committee or manager assigns it, and everyone can see its status. The record shows when the scheme was told, which matters if a repair is later disputed.
• Documents: keep the registered plan, by-laws, any common property memorandum or exclusive use by-laws, and contractor reports in one searchable place, so "whose is this?" starts from the right papers.
• Insurance register: the building policy, sum insured, excess and broker details, with renewal reminders.
• Owner portal and audit trail: owners see their requests and the scheme's documents, and every change is recorded with who made it and when.

FairLot is software only. It does not decide who is responsible, arrange repairs or insurance, or give legal advice.

Common questions

Water is coming through my ceiling from the unit above. Who pays?

It depends on where the water starts. If it comes from common property, such as a shared pipe in the slab, a failed membrane or the roof, the scheme usually fixes the source. If it comes from the unit above's own fittings, such as a shower, tap or flexi hose, that owner usually does. Damage to the building is often claimed on the scheme's building insurance. QLD (Standard Module s 203), VIC (Owners Corporations Act s 23A), TAS (Strata Titles Act s 99), the ACT (Unit Titles (Management) Act s 100A) and SA community corporations (Community Titles Act s 103(3)) have rules on who pays the excess; elsewhere it depends on the policy and by-laws. See the excess table above and insurance.

Can I just get my own plumber to fix a leaking common pipe?

Be careful. In VIC an owner must not repair common property or a shared service unless the owners corporation has expressly authorised it (s 47A). In other states an owner who arranges common property work without approval may not be reimbursed. NSW Fair Trading notes an owner who calls an emergency tradesperson may be eligible for a refund if they can show the problem came from something the owners corporation is responsible for, such as plumbing in a boundary wall. Telling the scheme in writing first, or at the same time in an emergency, keeps the options open.

Are my windows and balcony mine or the scheme's?

Usually the scheme's where the window sits in an external or boundary wall: the plan decides. QLD building format plans make the body corporate maintain boundary windows, doors and balustrades (Standard Module s 180(2)). The ACT makes the owners corporation maintain any part of a balcony (s 24). In NSW, schemes that adopt the common property memorandum give balcony railings, ceilings and original tiles and waterproofing to the owners corporation. Tiles an owner laid later are generally the owner's.

My hot water system and air conditioner are on the roof. Who looks after them?

In most states, the owner of the lot they serve. QLD says so expressly even where they sit on common property (Standard Module s 180(4)), VIC requires owners to maintain services that serve only their lot (s 129), and the NSW memorandum takes the same view. A by-law can change this.

Can the committee come into my unit?

Yes, for the scheme's own work. In VIC, QLD, WA and the ACT the scheme gives at least 7 days' written notice. In NSW the scheme needs the occupier's consent or a Tribunal order. In SA it gives at least 2 days' notice for work an owner failed to do. In TAS the model by-laws require reasonable notice. In an emergency, such as an active leak, entry without notice is allowed almost everywhere. See each state's section above.

The scheme will not fix a leak that is damaging my unit. What can I do?

Put the request in writing, with photos. Then use the scheme's dispute steps and the state's tribunal or commissioner: NCAT, VCAT, the QLD Commissioner, SAT, the SA Magistrates Court, the TAS Recorder of Titles, ACAT or NTCAT. In NSW an owner can also claim damages for loss caused by a failure to repair common property, within 6 years of becoming aware of the loss (s 106(5) and (6)). In QLD an adjudicator can order repairs or reimbursement (s 281). See disputes.

The owner upstairs will not fix their leaking shower. What can the scheme do?

In most states the scheme can require the work and, if it is not done, do it and recover the cost. That covers NSW s 120, VIC s 48 (28 days' notice), QLD s 161, WA s 94 and SA s 28 (community corporations s 101). In the ACT the scheme can recover costs caused by an owner's negligence or a rule breach (s 31). In TAS the route is a by-law compliance notice and then TASCAT or the Recorder of Titles (ss 95 and 96). Entry rules still apply.

Does a townhouse scheme work differently?

Often, yes. In QLD standard format plans and WA survey-strata schemes, lots are areas of land, so the owner usually maintains their whole building, including the roof and external walls, and the scheme looks after shared land and services. SA community lots and ACT class B units work in a similar way. Check the plan type first.

Who decides whether something is common property?

The registered plan, read with the Act's default boundary rule and the scheme's by-laws. If owners still disagree, the state's tribunal or commissioner decides. Questions about renovating or altering common property are covered in renovations. The committee's general duties are in self-managing committee duties.

Sources

• Strata Schemes Management Act 2015 (NSW) : ss 106 to 108, 120, 122, 124, 126, 151 to 153, 160 to 171, 188A to 188ZC, 227, 232 (version current for 26 August 2026; point-in-time versions of 2 March 2025, 1 July 2025 and 27 October 2025 for the 2025 changes; read 2 October 2026).
• Strata Schemes Development Act 2015 (NSW) : ss 4 and 6, lot boundaries; Sch 8 cl 10 (version current for 10 June 2026).
• Strata Schemes Management Regulation 2016 (NSW) : cl 27, common property memorandum; Schedule 3 model by-laws.
• NSW common property memorandum : item by item responsibilities.
• NSW Fair Trading: strata repairs and maintenance : who repairs what, emergency repairs and refunds.
• NSW guide to strata law changes : 2025 repair reforms.
• Owners Corporations Act 2006 (Vic) : ss 23A, 46 to 51, 129 to 132, Parts 10 and 11 (authorised version 024, as at 9 September 2026).
• Subdivision (Registrar's Requirements) Regulations 2021 (Vic) : reg 10, boundary types.
• Consumer Affairs Victoria: maintaining individual lots and common property : regulator guidance.
• Body Corporate and Community Management Act 1997 (Qld) : ss 20, 161, 163, 281, 289, 290.
• Body Corporate and Community Management (Standard Module) Regulation 2020 (Qld) : ss 180, 203, 211, 212.
• Land Title Act 1994 (Qld) : ss 48A to 48D, plan formats.
• QLD Commissioner: building format plan maintenance and utility infrastructure : regulator guidance.
• Strata Titles Act 1985 (WA) : ss 3, 9, 65, 66, 91, 94, 95, 197, Schedule 1 by-law 1 (consolidation 08-a0-00, current from 26 June 2025).
• Landgate: WA Strata Living Guide (November 2023) : common property, exclusive use, dispute steps.
• Strata Titles Act 1988 (SA) : ss 5, 25, 27, 28, 41A, 42, Sch 2 cl 2, Sch 3 (version in force from 9 December 2021, confirmed current 2 October 2026).
• Community Titles Act 1996 (SA) : ss 19, 75, 101, 103, 134, 142 (version in force from 9 December 2021, confirmed current 2 October 2026).
• Legal Services Commission SA: Strata Titles, a legal guide (December 2021) : pre-1988 boundaries, leaking pipe example.
• Strata Titles Act 1998 (Tas) : ss 3A, 5, 9, 81, 90, 94 to 96, 99, 105, 114, 116, Schedule 1.
• Unit Titles Act 2001 (ACT) : ss 14 and 15, boundaries.
• Unit Titles (Management) Act 2011 (ACT) : ss 24 and 26 to 31, 100A, 125, 129 (republication 25, 26 June 2026).
• Unit Titles (Management) Regulation 2011 (ACT) : Schedule 1 default rule 1.3.
• Unit Title Schemes Act 2009 (NT) : ss 27, 33, 37, 50, 51, 84 to 86, Schedule 2 by-laws (as in force at 27 November 2023, still current).
• Unit Title Schemes (Management Modules) Regulations 2009 (NT) : Modules 1 and 2 cl 49 (as in force at 12 May 2023, still current).
• Unit Titles Act 1975 (NT) : ss 4, 34, 45, 106, Schedule 1 art 2 (as in force at 27 November 2023, still current).