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 through NSW LRS' approved information brokers.
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 parts 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).
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.
- 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.
- The above principles are of a general nature and may not apply to all strata plans. Each plan should be independently interpreted according to how it was prepared and the information it shows.