Common Property
The shared areas of a unit title or cross-lease property that all owners have the right to use and are collectively responsible for maintaining.
What is a Common Property?
Common property refers to the areas of a multi-unit development that are shared by all owners rather than belonging to any individual unit. In unit title properties, common property is defined by the Unit Titles Act 2010 and includes structural elements (walls, roof, foundations), shared facilities (lobbies, lifts, pools, gyms), driveways, gardens, and any other areas not designated as individual units or accessory units.
In cross-lease properties, common property is any area not shown as a building footprint or exclusive-use area on the flats plan. This typically includes shared driveways, paths, and communal garden areas.
All owners share the cost of maintaining common property. In unit title developments, this is managed through body corporate levies. In cross-lease arrangements, maintenance responsibilities may be set out in the cross-lease document or, if not, are governed by the Property Law Act 2007.
Why It Matters for Due Diligence
The condition and extent of common property directly affects your costs and living experience. Poorly maintained common property can mean expensive remedial work shared among all owners. Check the long-term maintenance plan and fund (for unit titles) or discuss maintenance arrangements (for cross-leases).
Also check for any exclusive-use designations that might affect areas you assumed were common property. A parking space you thought came with the building might actually be designated to another unit.
How to Check
For unit title properties, common property is defined on the unit plan and in the body corporate records. Request the pre-contract disclosure statement for details on common property areas and their condition.
For cross-lease properties, anything not shown as a building footprint or exclusive-use area on the flats plan is common property. Your lawyer should review the cross-lease document for any maintenance-sharing arrangements.
Frequently Asked Questions
Who pays for common property repairs?
All owners share the cost. In unit title developments, repairs are funded through body corporate levies or special levies. In cross-lease properties, costs are typically shared equally between co-owners. If there's a dispute about who pays, the Property Law Act 2007 provides mechanisms for resolution.
Can one owner use common property exclusively?
Not without a formal designation. If an area is designated as common property, all owners have equal right to use it. An owner who wants exclusive use of part of the common property needs to have it formally redesignated as an accessory unit or exclusive-use area, which requires consent from other owners.
Related Terms
Unit Title
GlossaryA form of property ownership for apartments, townhouses, and other multi-unit developments where each owner holds title to their individual unit and shares ownership of common property.
Body Corporate
GlossaryThe legal entity made up of all unit title owners in a multi-unit development, responsible for managing common property and shared affairs.
Cross-Lease
GlossaryA form of property ownership where multiple owners share the freehold of a single piece of land and lease their individual dwellings from each other.
Exclusive Use Area
GlossaryA specific area of shared land on a cross-lease or unit title property that is designated for the sole use of one owner.
Flats Plan
GlossaryA registered diagram showing the building footprints and exclusive-use areas on a cross-lease property.
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