Building Repairs in Strata Schemes.

Maintaining a building within a strata scheme can sometimes lead to confusion about which areas fall under the responsibility of the individual lot owners and which are considered common property, managed by the owners' corporation. Below is a detailed explanation to help clarify these distinctions, along with a step-by-step process for identifying whether a problem pertains to common property or private property.
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What is Common Property?

Common property generally includes all the areas of the building and land that are not part of any individual lot. This can include, but is not limited to:
 
- Structural Elements: Roofs, external walls, and foundations.
- Shared Facilities: Lifts, stairwells, hallways, and recreational facilities.
- Service Infrastructure: Plumbing, electrical wiring, and gas pipes up to the point of entry into an individual lot.
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What is Private Property?

​Private property, on the other hand, refers to areas that are part of an individual lot owner's space. This typically includes:
 
- Internal Spaces: Walls, ceilings, and floors within the lot.
- Personal Fixtures and Fittings: Items like sinks, cupboards, and light fixtures installed by the lot owner.

Step-by-Step Process to Identify Property Responsibility

​1. Consult the Strata Plan:
   - The strata plan is the legal document that delineates the boundaries of each lot and the common property. Review this plan to understand what areas are designated as common property.
 
2. Refer to By-Laws:
   - Strata schemes often have specific by-laws that provide further details on maintenance responsibilities. Check these by-laws for any special provisions related to property maintenance.
 
3. Check the Legislation:
   - In New South Wales, the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015 outline the general principles regarding common property and lot property.
 
4. Seek Professional Advice:
   - If there is any uncertainty, consulting a strata manager or legal professional can provide clarity. They can help interpret the strata plan and relevant by-laws.
 
 Example Scenario: Leaking Ceiling
 
1. Locate the Source:
   - Determine if the leak is coming from a pipe within the lot or from the roof above the unit.
  
2. Check Boundaries:
   - Refer to the strata plan to see if the ceiling is part of the lot or part of the common property (typically, the ceiling is common property if the source is structural).
 
3. Refer to By-Laws:
   - Some strata schemes may have by-laws that specify who is responsible for certain types of repairs.
 
4. Submit a Work Request:
   - If the leak is determined to be common property, proceed with submitting a work request.