On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

What is structural cubic space?

Structural cubic space is a term you will hear quite often when dealing with strata plans. It means:

  • cubic space occupied by a vertical structural member, not being a wall, of a building (eg column, post, pole, etc),
  • any pipes, wires, cables or ducts that are not for the exclusive enjoyment of one lot and
  • any cubic space enclosed by a structure enclosing any such pipes, wires, cables or ducts.

Structural cubic space is automatically common property even though it may exist within the cubic space of a lot, unless the plan specifically states otherwise.

Examples of structural cubic space

1. Pipes and ducts that you see attached to the roof of a basement car park

As with most internal parts of a strata lot, the boundaries of the car spaces extend from the upper surface of the floor to the underside of their ceiling. The pipes and ducts that are attached to the underside of the slab above are within the cubic space of the car spaces. However even though they exist within the airspace of lot, they are common property because they serve more than one lot or common property. This only applies provided the pipes were in place at the time of registration of the plan – maintenance or replacement of those pipes within the same structural space after registration of the plan is permitted, and those maintained or replaced pipes will remain common property. To add further pipes or ducts sitting outside that structural space after registration of the plan requires the creation of an easement.

2. Structural columns supporting a balcony overhanging a courtyard

The strata plan will typically not show these columns. They may exist within the courtyard of the lot to which the balcony belongs or may be within the boundaries of another lot. Either way the columns are structural cubic space as they are supporting the structure of the balcony which is common property, and will remain common property as they are maintained or replaced after registration of the plan.

 

NOTE: A wall (whether structural or not) cannot be structural cubic space. For a wall to form common property it must be shown or referred to on the plan as common property.

3. Down pipes and the drainage pipes they are attached to

Even though they may be within the boundaries of a strata lot the down pipes and attached drainage pipes are structural cubic space as they service the roof and gutters which are common property. Again, this only applies provided the pipes were in place at the time of registration of the plan – maintenance or replacement of those pipes within the same structural space after registration of the plan is permitted, and those maintained or replaced pipes will remain common property. To add further pipes sitting outside that structural space after registration of the plan requires the creation of an easement.

NOTE:  The rights of the Owners Corporation to gain access to structural cubic space within a lot are provided under Section 122 of the Strata Schemes Management Act 2015.

Publication Date: May 2024