What Is Considered Common Property In Strata

If you own, or you're buying, an apartment or townhouse in Melbourne, you've probably asked the same thing everyone asks at some point: 'what is considered common property in strata?' It sounds simple. Yet the answer lives in the fine print, the drawings, and a few rules that only really make sense once you've seen a few buildings up close. Let's unpack it in plain English, using local examples from around the city.

The Quick Answer

Common property is whatever your registered plan of subdivision says it is. That plan creates lots and it can also create areas marked as 'common property' which all owners share. Those shared bits are typically things like driveways, foyers, lifts, stairwells, external walls and roofs, gardens and fences. In Victoria, the plan is the legal source of truth, and an owners corporation is formed when common property exists.

Behind the scenes, plans of subdivision filed with Land Use Victoria are what carve up land and buildings into lots, roads, reserves or common property. That is why everything starts with reading the plan, not assumptions.

Why Melbourne Readers Should Care

Melbourne's housing stock is wildly varied. One day it is a converted warehouse in Collingwood, the next it is a slender CBD tower or a 1960s walk up in St Kilda. Where the legal boundary sits in each of those buildings can be different, which means responsibility for repairs and costs can shift. Knowing what is yours, and what everyone shares, stops awkward lift conversations, helps with budgeting, and protects you when you buy.

How Lot Boundaries Actually Work

Your plan of subdivision will show lot boundaries using notes like 'median' or 'exterior face'. If a boundary is to the median, that can mean the boundary runs through the middle of a wall, floor, or ceiling. If it is to the exterior face, the boundary may sit at the outside face of the structure. These small words change who pays for windows, render, waterproofing, and more. The plan governs, and surveyors do not always follow a single template, so you cannot simply copy what your friend's building does.

A handy starting point is this rule of thumb: interior finishes are usually lot property, while structural elements sitting outside the lot boundary are usually common. But treat that as a hint, not a verdict, until you have inspected the plan.

What is Usually Considered Common Property

Every building is different, yet in Victoria the following items are commonly designated as common property on the plan:

• Driveways, pathways and entrances
• Internal corridors, lobbies and foyers
• Stairwells and lifts
• External walls and roofs
• Shared gardens, courtyards and fences

Those are the areas an owners corporation is set up to manage.

On the legal duty side, the Owners Corporations Act 2006 requires the owners corporation to repair and maintain common property, as well as any chattels, fixtures, fittings and services related to its enjoyment. That duty is not optional.

What Usually Stays with the Lot

Inside the boundary of your lot, you typically own and maintain your finishes and fittings. Think floor coverings, internal walls and cabinetry, taps, and your private gas cooktop. Again, check your plan first, then your rules. Many disputes happen because someone relied on 'usual practice' rather than the document that actually matters.

Balconies, Windows and Waterproofing: The Classic Grey Zones

This is where Melbourne buildings keep things interesting.

Balconies

Whether a balcony is common property or part of your lot depends on the boundary notations on the plan. In some developments, the concrete slab and balustrade may be common, while the tiles on top are lot property. In others, the whole balcony sits within the lot boundary. Because water finds every weakness, the membrane under balcony tiles often triggers arguments. The only safe move is to read the boundary notes on the plan and then work out which parts fall inside or outside the lot.

Windows

External windows can go either way depending on where the lot boundary is defined. If the boundary is the median of the wall, owners and the owners corporation may each shoulder part of responsibility. If the boundary is the inner face, the owners corporation often carries the lot of the exterior window repairs. There is no universal rule; it is plan first, rules second.

Why it Matters Now

Waterproofing, balcony rot and façade issues have been headline problems in Victoria in recent years. Even if your building seems fine, buyers and committees should factor in future costs, which tend to land on the owners corporation when the defective or decayed element is common property.

Services and Pipes: What if a Line Runs Through My Lot?

Services are treated specially under the Act. The owners corporation must repair and maintain a service in or relating to a lot if it is for the benefit of more than one lot, or for more than one lot and the common property. That covers things like shared risers, common water or drainage stacks, main electrical risers, and similar.

The law also recognises implied easements under the Subdivision Act 1988 to allow essential services, support and access to run where they reasonably need to run. That is why a sewer stack or structural footing may sit in a place that would otherwise look like private property.

Who Pays for What Repairs

At the risk of oversimplifying:

• If it is common property, the owners corporation maintains and pays for it from its funds
• If it is lot property, the lot owner maintains it. If a lot owner fails to maintain their lot and the poor condition affects the outward appearance or the enjoyment of others, the owners corporation can serve a notice requiring repairs and, if needed, carry them out and charge back the cost

Where works benefit one or some lots substantially more than others, the owners corporation can recover those costs on a 'benefit principle' basis, so the owner who benefits more pays more. That can apply whether the work is on common property or a lot.

In practice, Melbourne committees often apply a blend of common sense and careful reading of the plan. For example, in a Brunswick townhouse scheme where gutters are clearly within each lot boundary, owners may be asked to handle their own sections, while a stacked drainage pipe serving several lots is dealt with by the owners corporation because it is a shared service. The legal levers exist to support that approach.

Two Lot Subdivisions

Different settings can apply to two lot subdivisions. Many of the heavier duties placed on larger owners corporations do not bite in the same way for a two lot scheme, although the plan still controls who owns and maintains what. If you are buying into a duplex in Fitzroy North or Elwood, do not assume the same rules as a large CBD tower.

Insurance and Risk

Owners corporations must arrange appropriate insurance for buildings and common property. Reinstatement and replacement insurance is the norm for shared structures, along with public liability for common areas. The details can vary with mixed use buildings and layered schemes. If you are budgeting for a new purchase in Southbank, always check the current policy and the building's claim history.

Exclusive Use Spaces: Car Spaces, Courtyards and Rooftop Nooks

Sometimes a bit of common property is set aside for one owner's exclusive use, such as a courtyard, a car space, or a small storage area. That typically happens through a formal lease or licence of common property, passed by special resolution and properly documented. Without that paperwork, there is no exclusive right, even if the area has been used that way for years. If you see a private padlock on a door in a common corridor, ask for the document trail.

Rules and Quiet Enjoyment

Model rules under the Owners Corporations Regulations 2018 apply unless your building has registered its own. Those rules often cover day to day use of common property, behaviour, parking and similar. They can be surprisingly helpful when someone turns the foyer into a bike rack or parks across the shared driveway.

How to Read Your Plan of Subdivision Like a Pro

Here is a practical, Melbourne flavoured way to work out 'what is considered common property in strata' in your building:

1. Get the plan. Order the plan of subdivision and title from LANDATA or through your conveyancer or lawyer. You want the latest registered version.
2. Find the common property. On the plan, common property is usually shaded or labelled 'CP' with a number. Note every CP area.
3. Check the boundary notes. Look for notations such as 'boundary defined by interior face', 'exterior face' or 'median'. Those words are the key to windows, walls and balcony decisions.
4. Match it to real life. Walk the building. In a Carlton warehouse conversion, an exposed party wall might be median. In a Docklands tower, the exterior face might sit outside the lot, making façade elements common.
5. Read the insurance and rules. Grab the latest insurance certificate and the building rules. Both reveal how the scheme treats grey areas and who has paid for what in the past.
6. If buying, read the Section 32 and OC certificate carefully. The statement of advice for buyers explains that you are purchasing rights to use common property alongside the lot. The OC certificate and records show fees, maintenance plans and works that may be coming.

Real World Examples Around Melbourne

Balcony Membrane in a South Yarra Mid Rise

The plan sets the boundary at the interior face, but the slab and balustrade are common. Waterproofing failure causes leaks into the unit below. The membrane sits above the slab as part of the lot finishes, yet the leak has damaged common property and another lot. This is where committees lean on the plan, the Act's shared services provisions, and insurance to sort out scope and cost sharing.

Window Hardware in a CBD Tower

The boundary is the interior face, so external window frames and glazing are common. The owners corporation programs staged replacements and funds them through the maintenance plan. If a single lot swaps hardware and damages the frame, the committee may recover the cost from that lot under the benefit principle.

Gutters on a Brunswick Townhouse Row

The plan shows each townhouse owns its walls to the exterior face, including roof and gutters. The owners corporation keeps the shared driveway and front fence pristine; owners budget for roof and gutter work individually. A special resolution could let the OC coordinate works at owners' expense for convenience.

Avoiding Disputes

Most fights melt away once everyone reads the plan together. Where there is still doubt, committees can issue a repairs notice to a lot owner whose lack of maintenance is affecting others. The notice gives time to fix the problem, then allows the OC to step in and charge back if needed. The process and template come straight from Consumer Affairs Victoria.

If costs benefit one or a few lots, consider applying the benefit principle rather than levying everyone equally. That approach is recognised in the Act and refined through case law and Victorian guidance.

For Buyers: Quick Due Diligence Checklist Before You Sign

• Plans and titles. Confirm what is common and what is within the lot. Your conveyancer can obtain the documents quickly, or you can order via LANDATA.
• OC certificate and records. Look for upcoming façade, balcony or waterproofing projects which often fall under common property.
• Insurance. Verify the policy, sums insured and any special exclusions. Ask about recent claims and building condition reports.
• Rules. Check for rules about use of common property, renovations that might affect common areas, and parking.
• Two lot quirks. If it is a duplex or small subdivision, ask how responsibilities are shared and which larger OC requirements do not apply.

A Note on Language and Expectations

We are Melbourne based, so you will hear us talk about trams, the CBD, and those winter leaks that always seem to arrive right before footy. Buildings age. Plans differ. What does not change is the core method: plan first, then Act and rules, then insurance. That approach turns a fuzzy question into a straightforward answer to 'what is considered common property in strata'.

When to Get Help

Get advice when any of these pop up:

• Balcony leaks or façade cracks, especially where the plan suggests mixed responsibility
• Recurrent plumbing issues in stacked pipes or risers
• Exclusive use areas without paperwork
• Conflicting views on windows or boundary walls
• Benefit principle cost splits that feel off

Each of those touches the plan, the Act, or both. In Melbourne, a short document review can save months of back and forth and keep the committee onside. The Act sets clear duties to repair and maintain common property, special rules for shared services, and lawful ways to recover costs where one or a few lots benefit most.

Need a Clear Read on Your Building?

If you are about to bid, or you are sitting on an ongoing leak, we can map your plan, the rules and the practical responsibilities in plain English. Pearson Chambers Conveyancing is here to help Melbourne owners and buyers make confident decisions.

Email: contact@pearsonchambers.com.au