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Body Corporate Legislation Explained

Maintenance Responsibilities under the BCCM Act (QLD)

“Under both Standard and Accommodation Modules, the body corporate must maintain common property, boundary structures (doors/windows), and waterproofing, while lot owners maintain their lot interior and any fixtures for their exclusive use. The examples given apply to both modules equally.”

In Queensland, the Body Corporate and Community Management Act 1997 (BCCM Act) and its regulations (especially the Body Corporate and Community Management (Standard Module) Regulation 2020) set out who is responsible for maintaining different parts of a community titles scheme (unit complex). In simple terms: the Body Corporate must maintain the common property and structural elements of the building, while each lot owner must maintain everything within their own lot. However, determining what is “common property” vs “the lot” can be tricky in certain areas like entrance doors, windows, and balconies. Below is an explanation of these responsibilities, including specific sections of the legislation, followed by a list of who is responsible for what in a typical apartment-style complex (building format plan).

Entrance Doors and Windows

According to the BCCM legislation, the body corporate who maintains a door or window depends on whether it forms part of the boundary between the lot and common property:

Entrance Doors (Main Unit Door)

If a door is in a wall that separates the unit (lot) from a common hallway or other common area, it is considered part of the boundary structure. The body corporate is responsible for maintaining entrance doors and their frames and fittings when they are in a boundary wall with common property. This comes from the Standard Module Regulation 2020 – see Section 180(2)(a)(ii), which explicitly includes “doors, windows and associated fittings situated in a boundary wall separating a lot from common property” as body corporate responsibility. In practice, this means the front door to your apartment (and, for example, any garage door opening onto a common driveway in a unit complex) is maintained by the body corporate. The body corporate would repair or replace these doors as needed, including things like door frames, closers, and standard locks. (Owners typically are responsible for their own keys and any additional locks or security screens they install, since those are considered improvements by the lot owner).

External Windows (on the Building Exterior)

Similarly, the body corporate is responsible for all windows that are in exterior walls of the building (because those walls are boundaries between the lot interior and the outside/common property airspace). The frames, glass, seals, and mechanisms of windows on the outer façade of the building are maintained by the body corporate. For example, if an apartment’s bedroom window faces the outside of the building, the body corporate must ensure it’s kept waterproof and in good repair (repainting the frame, resealing or replacing the window if necessary). This falls under the same Standard Module section 180(2)(a)(ii) about boundary doors and windows.

Interior Doors and Windows (within the Lot)

Lot owners are responsible for any doors or windows that do not form a boundary with common property. This means all internal doors inside your unit (bedroom doors, bathroom doors, closet doors, etc.) are your responsibility to maintain. It also includes doors or windows that lead to an area that is part of your lot, rather than to common property. For instance, if your unit has a private balcony or courtyard that is included on your title, the sliding glass door from your living room to that balcony (and the windows that open onto that balcony) are maintained by you as the lot owner. They are not on a boundary with common property; instead, they separate different parts of your own lot (interior room to your own balcony), so the body corporate is not obliged to fix issues with those. In short, windows and doors opening onto your own private areas are your responsibility. (This interpretation has been confirmed in practice by the Office of the Commissioner for Body Corporate – e.g., they’ve advised that balcony doors and windows which form part of the lot are to be maintained by the lot owner, not the body corporate).

To recap: Your front entrance door and any windows on the external walls of the building are generally looked after by the body corporate. Any doors or windows that only open into parts of your own lot (like into a balcony, courtyard, or between rooms) are looked after by you, the owner.

Leaking Balcony Scenario (Top-Floor Veranda Tiles)

A specific scenario was asked: If a unit is on the top level and the tiles of a veranda are leaking into the same unit, who is responsible for sealing and repairs?

So in the case of a top-floor unit’s veranda (balcony) leaking: the body corporate is responsible for fixing the underlying cause of the leak, i.e. repairing or resealing the waterproofing membrane and any related structural elements. The body corporate would likely need to engage contractors to remove the tiles, apply new waterproofing, and reinstate the tiles or surface to ensure the leak is resolved. This is considered a part of the building’s structural maintenance.

Meanwhile, the lot owner is responsible for maintaining the visible surfaces and finishes of the balcony as part of their lot. For example, keeping the balcony clean, ensuring the grout is in decent condition, and not doing anything to damage the waterproofing (like drilling into the floor) is the owner’s duty. However, an owner would not be expected to fix a failing balcony membrane on their own, because that membrane serves as protection for the lower parts of the building – it’s the body corporate’s job to maintain it. If the leak from the balcony causes damage inside the unit (say to the ceiling of the room below, or to the interior of the same unit), the body corporate’s responsibility typically extends to repairing that damage as well, because it resulted from a failure of a body corporate-maintained element. (Often, body corporate insurance may cover resulting water damage to unit interiors from such leaks.)

In summary: For a leaking top-floor balcony, the body corporate must address the leak by repairing the balcony’s waterproofing (and any structural repair needed), whereas the lot owner should cooperate by maintaining their balcony’s surface and not causing the issue. The owner might handle minor tile maintenance, but full re-sealing or structural fixes fall on the body corporate. The Act makes it clear the body corporate has this duty so that the building remains structurally sound and water-tight. (Note: If the leak was caused by something the owner did – for example, an owner tiled over the original membrane incorrectly, or failed to keep drains from clogging – the body corporate might fix it but could potentially seek the cost from the owner due to their negligence. But if it’s normal wear-and-tear or building defect, it’s squarely a body corporate issue.)

Who Is Responsible? – Quick Reference List

Below is a list of various parts of a unit complex and whether the Body Corporate or the Lot Owner is responsible for their maintenance, and under what conditions. This assumes a building format plan (typical apartment building). Always check your specific scheme’s by-laws and applicable regulation module, but these are the general rules from the BCCM Act and Standard Module:

Front Entrance Door of the Unit (Wall between unit and common hallway)

Body Corporate – Responsible for the door, frame, and door hardware attached to that boundary wall. (The Standard Module, s180(2) covers doors in boundary walls). The owner is only responsible for things like keeping their keys, or any additional locks or accessories they personally install on the door.

External Apartment Windows (in external boundary walls)

Body Corporate – Maintains all aspects of windows on the building exterior (frames, glass, seals), since they are part of the common property facade/boundary. The body corporate will repaint, repair, or replace these as needed to keep the building envelope intact.

Doors or Windows Opening onto a Private Balcony or Courtyard (within the lot)

Lot Owner – If a door or window leads to an area that is part of the lot (not a common area), the lot owner must maintain it. This includes sliding doors to your balcony, French doors to a private courtyard, or windows that open to your exclusive-use area. These are not considered common property boundaries. (Owners should repair any leaks or drafts in these doors/windows, replace worn seals or rollers, etc., at their own cost.)

Interior Doors (inside the unit)

Lot Owner – All internal doors (bedroom doors, bathroom, etc.) and internal partitions are the owner’s responsibility to maintain, repair, or replace as needed.

Balcony Balustrades (railings) on the edge of a balcony

Body Corporate – Typically, balustrades on balconies in a building format plan are part of the boundary structure (they form the safe barrier at the edge of the lot). The body corporate must ensure these railings are secure and meet safety standards (e.g., if rusted or loose, body corporate arranges repairs). Owners should not alter them without approval.

Balcony Tiles and Surface Finish

Lot Owner – The tiles or flooring on a private balcony (if the balcony is part of the lot) are usually maintained by the owner. That means routine cleaning, minor re-grouting, or replacing a cracked tile would be the owner’s job. However, see below for waterproofing under the tiles.

Balcony Waterproofing Membrane

Body Corporate – The waterproof membrane beneath the balcony’s tiles (which stops water from leaking into units below or the structure) is the body corporate’s responsibility to maintain in a building format plan (Standard Module s180(2)(a)(iii)). If this membrane fails, the body corporate must organize repairs, which could include removing and reinstating the tiles. In other words, if your balcony is leaking, the body corporate handles the necessary waterproofing fix. (The lot owner should report it promptly and not delay repairs.)

Roof and Roof Structures

Body Corporate – The roof of the building, including any roof tiles, sheeting, guttering, downpipes attached to the roof, and roof waterproofing, are common property in an apartment scheme. The body corporate maintains all roof areas to keep them watertight and structurally sound.

Ceilings and Floors (Structural)

Body Corporate – In a multi-floor building, the concrete slabs that form the floors and ceilings (the structural parts) are generally common property or at least body corporate responsibility to maintain (they form the boundaries between levels at the midpoint of the slab). Lot Owner – is responsible for the interior surface of the ceiling (paint, plaster) in their unit and the floor coverings on their floor. For example, if your ceiling has a crack because of building movement, the body corporate might repair the concrete structure, but you as owner would repaint the internal plaster if it’s just a hairline cosmetic crack. If the issue is coming from a leak above, the body corporate fixes the leak source and might also have to fix the resultant damage.

Foundation and Structural Walls

Body Corporate – All foundational elements and structural load-bearing walls/columns of the building are maintained by the body corporate (Standard Module includes “foundation structures, essential supporting framework” in BC duties). Owners should not interfere with these. If a crack appears in a structural wall, the body corporate handles investigation and repair.

Internal Non-Structural Walls

Lot Owner – Walls inside your unit that are not load-bearing (e.g., a partition wall that just divides rooms) are yours to maintain (patching cracks, repainting, etc.).

Common Property Areas

Body Corporate – All shared areas (lobbies, hallways, stairs, elevators, gyms, pools, BBQ areas, gardens, external paths, driveways, parking lots that are common property, etc.) are maintained by the body corporate. This covers cleaning, repairs, and replacement of common property assets.

Plumbing – Common vs. Lot

Body Corporate – Responsible for common property plumbing infrastructure, i.e., any pipes, drains, gutters, etc. that serve multiple units or run through common property. For example, the main sewer stack pipe in an apartment building, or an external gutter and downpipe that collects rain from multiple units, are body corporate maintained. Lot Owner – Responsible for plumbing that exclusively services their unit and lies within their lot. For instance, the pipe under your kitchen sink, or the pipes from your shower to the connection point with the common stack, are your responsibility. If your own sink drain clogs, you fix it; if the shared sewer line is blocked, the body corporate fixes it. (A hot water system serving one unit is another example – see “Hot Water” below.)

Hot Water Systems

If your unit has its own hot water unit (located either in your unit or perhaps in a common area but dedicated to your lot), you as the Lot Owner are responsible for maintaining and replacing that system. This is explicitly stated in Standard Module s180(4) – fixtures or equipment that only serve one lot are the lot owner’s responsibility, even if they are on common property. If the building, instead, has a central hot water system that serves multiple units, then the body corporate would maintain that.

Air Conditioning Units

Similar to hot water, if you have an individual air-conditioning unit (e.g., a condenser on the roof or balcony that only services your apartment), the Lot Owner maintains it. This includes cleaning filters, fixing leaks in your A/C, and eventually replacing it when needed. The body corporate’s role is just to approve installation location and ensure it doesn’t affect common property for others, but upkeep is on the owner. However, if there’s a built-in shared HVAC system for the whole building, the body corporate maintains that system.

Electrical Infrastructure

Body Corporate – maintains the main electrical infrastructure up to the point of supply to each lot. For example, the main switchboard, common area lighting, and wiring that runs through common property risers to supply each unit’s meter are body corporate’s responsibility. Lot Owner – is responsible for the electrical wiring and outlets inside their unit. So, if an outlet in your kitchen fails or your light fixture is faulty, it’s on you to fix (usually via a private electrician). But if there’s an issue with the main power feed into your unit or the communal lighting, the body corporate handles that.

Intercom Systems

If the building has an intercom, the body corporate maintains the central panel and wiring (common infrastructure). The lot owner typically is responsible for the intercom handset or unit inside their apartment (if it’s just serving their lot), including its replacement if it becomes faulty, unless the by-laws say otherwise.

Exclusive Use Areas

Sometimes a common property area (like a courtyard, garden, or parking space) is allocated to a particular lot for their exclusive use (via an exclusive use by-law). Maintenance of an exclusive use area is usually the responsibility of the Lot Owner who has the benefit of that area, unless the exclusive use by-law specifically states that the body corporate will maintain it. For example, if you have exclusive use of a roof terrace or a garden bed, you are generally expected to keep it clean, perform routine upkeep, and even repair it, just as if it were part of your lot. (The body corporate would still be responsible for any structural elements in that area, like say the waterproofing of the roof under an exclusive use terrace, by the same logic as other areas.)

Owner Improvements & Fixtures

If a lot owner installs something on common property or in their lot for their own benefit (with approval), the lot owner is responsible for maintaining that item. For instance, if you install a security screen door on the front of your apartment, the body corporate is not responsible for its maintenance – you are. Similarly, things like pergolas, awnings, satellite dishes, or extra lighting that an owner adds either in their lot or on an exclusive use area are the owner’s to look after. (Should that item need to be moved to facilitate body corporate maintenance – e.g., you installed screen doors and the body corporate needs to paint the door frame – usually the owner must remove and reinstall their fixture at their cost.)

Shower Trays and Internal Waterproofing

One specific responsibility allocated by the regulation: Lot Owners are responsible for the waterproofing of shower bases (trays) within their lot bathrooms. So if your shower is leaking into the unit below, that’s on you as the owner to fix the shower seals, unlike balcony waterproofing which is on the body corporate. This is explicitly mentioned in Standard Module s180(4)(b) – the lot owner must maintain shower tray waterproofing even if it’s technically floor structure. This often surprises people, but it’s the rule in QLD strata law. So, keep an eye on your bathroom sealing to avoid leaks!

General Cleanliness and Pest Control in Lot

The lot owner should also maintain their lot in terms of cleanliness and things like pest control inside the unit. The body corporate handles pest issues in common areas or coming from common property (like termites in the building structure or vermin in shared garbage areas), but inside your own unit (e.g., cockroaches, ants, or a wasp nest on your balcony) is generally your responsibility to deal with.

In summary, the Body Corporate takes care of the building structure, the common property, and any part of a lot that if not maintained would affect other lots or the building (like boundary doors, windows, and waterproofing membranes). The Lot Owner takes care of the interior of their unit and anything that exists for the sole benefit of their unit. Specific sections of the law (such as section 152 of the BCCM Act, Section 170 of the Accommodation Module, and section 180 of the Standard Module Regulation) back this up. By understanding these responsibilities, owners and committees can better determine who needs to address an issue when something needs repair.

Note: Always refer to your scheme’s own by-laws and the applicable Regulation Module for your scheme (Standard Module is most common for residential, but there are others like Accommodation Module, etc., with similar maintenance provisions) to see if there are any variations or additional provisions. The above guidelines are based on the default law for a standard residential body corporate in Queensland under the Standard Module 2020. If in doubt, it can be useful to seek advice from the body corporate or the Body Corporate Commissioner’s Office for clarification on a specific situation.

Source: https://www.legislation.qld.gov.au/view/pdf/asmade/sl-2020-0229