What’s ‘Common Property’ and Why Does It Matter When Renovating?
In simple terms, common property is everything in your strata building or complex that’s not part of your individual lot. It’s owned collectively by all owners and managed by the owners corporation (or body corporate in some states).
Typical examples include:
External walls, roofs, and windows Stairwells, lifts, and hallways
Pipes, wiring, and ducts serving more than one lot
Shared gardens, driveways, and facilities (think pools, gyms, BBQ areas)
In short, if you share it, it’s probably common property.
Why Does It Matter When Renovating?
Because if it’s common property, you can’t just alter it without permission even if it’s inside your apartment.
That 1970s-bathroom pink wall tile? Might be stuck directly to common property concrete.
That column on the kitchen wall? Could be holding up your neighbour’s ceiling.
Changing common property without approval can mean:
Breaching by-laws (hello, formal warnings)
Paying to restore it (yes, at your cost)
Insurance issues (if damage occurs, you might be footing the bill)
Neighbour disputes (no one likes being “that” owner)
How Rules Differ Across States
While the concept of common property is similar nationwide, the exact rules vary:
Approval Needed for Renovations Significantly Affecting Common Property
NSW Strata Schemes Management Act 2015
Formal request to the owners corporation AND approval at a general meeting required for structural/common property changes. A special resolution may be required and it often depends on the individual building’s by-laws and whether common property rights are being conferred.
VIC Owners Corporations Act 2006
Approval by the body corporate. The type of motion (ordinary, special, or resolution without dissent) depends on the level of impact, structural or significant common property works often require a special resolution at a general meeting.
QLD Body Corporate and Community Management Act 1997
Authority by the strata company is required; renovations affecting common property or structural alterations may require a resolution without dissent, or unanimous approval in certain cases, depending on the scheme type and the by-laws.
Unanimous resolution is needed for significant alterations that affect the structure or utility of the common property; council approval may also be needed.
Generally, unanimous consent at a general meeting is required for any renovations affecting common property or the building’s structure.
Special resolution at a general meeting for renovations affecting common property or structural elements.
ACT Unit Titles (Management) Act 2011
Unanimous resolution for significant works or structural changes affecting common property; consult strata plan rules for specific scheme requirements.
Formal request to the owners corporation AND approval at a general meeting required for structural/common property changes. A special resolution may be required and often depends on the individual building’s rules and whether common property rights are being conferred.
In most cases, for minor or cosmetic changes that don’t impact structure or common property, approval thresholds can be significantly lower or unnecessary always check the building’s by-laws or rules.
Common Renovation Scenarios and Pitfalls
1. Replacing windows
Windows are almost always common property. You’ll need approval sometimes even if you’re just swapping them for the same style.
2. Bathroom waterproofing
That layer under your tiles? It’s part of common property in many states. Change it without approval, and a leak could become a legal nightmare.
3. Changing the front door
Entrance doors to a townhouse or apartment are usually common property. Even just painting them the wrong shade of beige can cause committee chaos.
4. Moving plumbing or electrical
If the pipes or wiring serve more than your lot, they’re common property.
The Checklist: Before You Pick Up the Tools
Identify the area you want to renovate
Is it entirely inside your lot, or could it be part of common property?Check your strata plan
The plan will show boundaries between your lot and common property.Read your by-laws
Some schemes have renovation-specific by-laws that override general rules.Ask before you act
Contact your strata manager or committee early, approval can take time.Get it in writing
Verbal “OKs” are risky. Always have formal approval recorded.Follow the conditions
If approval says, “tradies must use the goods lift,” don’t push your luck.
A Light Reality Check
Yes, all the rules and forms might feel like overkill when you just want to freshen up your home. But remember: common property is shared, and one person’s “minor change” can be another’s “major drama.” The approval process exists to protect everyone’s investment (and relationships with the neighbours).
So, before you start powering up the jack-hammer, check where your property ends and the common property begins. Your future self (and your committee) will thank you. Easiest way consult your strata plan and by-laws.
Case Study: The Bathroom Waterproofing That Went South
Meet “Alex” a keen DIY renovator, and chairperson of the committee, who thought the best way to spend a long weekend was to give their tired bathroom a full makeover. Out came the tiles, in came a flashy new rain-head shower, and a “don’t worry, I’ve watched plenty of on-line tutorials” approach to waterproofing.
What went wrong?
Within a month, Alex’s neighbour downstairs, “Sam,” noticed a suspicious brown patch blooming on their ceiling right under Alex’s new shower. A few days later, the brown patch became a drip. Then a steady trickle. Sam’s bathroom ceiling started to sag like an overcooked pancake, and their storage and linen cupboard (directly under the leak) was soaked.
The fallout:
Investigation revealed… Alex’s amateur waterproofing wasn’t up to Australian Standards.
The owners corporation stepped in… Emergency repairs had to be made urgently to stop further water ingress.
Tribunal hearing… The matter ended up at the tribunal, where Alex was found liable for damaging common property and causing consequential damage to Sam’s lot. He was ordered to pay damages to the Owners Corporation, his neighbour and their costs.
Insurance complications… The building insurance covered some repairs to the common property, but Alex’s own contents/landlord insurance didn’t fully cover the cost of replacing Sam’s ruined, towels, bathrobes, bedlinen, bathroom vanity, and flooring.
Lessons learned…
Waterproofing is a licensed trade for a reason. Cutting corners can cost far more than getting it done right the first time.
Moral of the story:
When renovating, especially in wet areas and common property, check permissions and always get licensed trades to do work that touches common property. The money you “save” on DIY could easily end up funding your neighbour’s bathroom remodel instead.
Disclaimer:
This article is intended for general educational purposes only and does not constitute legal or financial advice. Readers should seek independent legal and professional guidance relevant to their specific circumstances and jurisdiction