Certificate of Title for the Common Property

A current search of the Certificate of Title for the Common Property should be always be obtained to ensure that there has been no change to the strata scheme, which will effect the above determinations. Registration of action such as strata plans of subdivision and changes of by laws may affect common property or issues of maintenance and repair of common property.

The above general principles are not restricted to bathrooms and apply to tiles affixed to any surface in the strata scheme.

What is a 'structural cubic space'?\

Structural Cubic Space is a term you will hear quite often when dealing with strata plans. It means:
(a) cubic space occupied by a vertical structural member, not being a wall, of a building (eg column, post, pole, etc),
(b) any pipes, wires, cables or ducts that are not for the exclusive enjoyment of one lot and
(c) any cubic space enclosed by a structure enclosing any such pipes, wires, cables or ducts.

Structural cubic space is automatically common property even though it may exist within the cubic space of a lot, unless the plan specifically states otherwise.

Examples of structural cubic space

1. Pipes and ducts that you see attached to the roof of a basement car park

As with most internal parts of a strata lot, the boundaries of the car spaces extend from the upper surface of the floor to the under side of their ceiling. The pipes and ducts that are attached to the underside of the slab above are within the cubic space of the car spaces. However even though they exist within the airspace of lot, they are common property because they serve more than one lot or common property. This only applies provided the pipes were in place at the time of registration of the plan. To add further pipes or ducts at a later date requires the creation of an easement.

2. Structural columns supporting a balcony overhanging a courtyard

The strata plan will typically not show these columns. They may exist within the courtyard of the lot to which the balcony belongs or may be within the boundaries of another lot. Either way the columns are structural cubic space as they are supporting the structure of the balcony which is common property. Note: a wall whether structural or not can not be structural cubic space. For a wall to form common property it must be shown or referred to on the plan as common property.

3. Down pipes and the drainage pipes they are attached to

Even though they may be within the boundaries of a strata lot the down pipes and attached drainage pipes are structural cubic space as they service the roof and gutters which are common property. Again this only applies provided the pipes were in place at the time of registration of the plan. To add further pipes at a later date requires the creation of an easement.

Note: The rights of the Owners Corporation gain access to structural cubic space within a lot are provided under Section 65 of the Strata Schemes Management 1996.

How do you determine whether an item in a strata scheme is common property?

In order to determine whether an item is common property you must inspect a copy of the registered strata plan and a current search of the common property title. Copies of the plan and searches of the common property title can be purchased online from our Online Services

The following general principles apply:

• The registered strata plan defines the cubic spaces that form the strata lots.
• Basically, every thing that is not defined as part of a lot is common property.
• The part of the plan which defines the boundaries of the lots is known as the floor plan(s). 
• Each lot is a cubic space or a number of cubic spaces. In a typical strata plan the boundaries of the lots are defined on the floor plan as follows:

# internal unit part of the lot
* Side boundaries are defined by the inside faces of the perimeter walls which are shown by thick line work on the floor plan. (these walls are common property) 

* Top and bottom boundaries defined by the under side of the ceiling and the upper surface of the floor (the structure of the ceilings and floor are common property).

# the external parts of each lot
* Side boundaries are defined by external faces of the building walls shown by thick line work and measured lines that are shown by thin line. 

* Top and bottom boundaries.

• If these areas have a structural floor and/or a roof, the floor and roof are common property and are the stratum limits of the lot
• If they do not have a floor or roof the plan will include a stratum statement to define the top and/or bottom boundaries of these areas. (eg The stratum of the courtyards is limited to 3 metres above and below the upper surface of the floor level of the adjoining unit.)

Note: these principles apply unless there is a statement on the plan providing for the boundaries to be defined otherwise.

• Walls shown by thick linework on the floor plan are common property. Any window or door within these walls is also common property including all their working parts.
• The internal walls between rooms in each lot are not common property unless they are shown by thick line work on the floor plan.
• Ceramic tiles originally affixed to common property walls, floors or ceilings at time of registration of the plan are common property.
• Common service lines are common property.
• Any service line within common property is common property.
• Service lines within the cubic space of a lot that only serve that lot are part of the lot and are not common property.

Note

1. It is essential that the common property title is also searched for any changes to the scheme since registration (eg Strata Plan of Subdivision etc) and for any registered changes of by-law that may affect the application of the above principles.
2. The above principles are of a general nature and not apply to all strata plans. Each plan should be independently interpreted according to how it was prepared and the information it shows.