Who Pays for Repairs in a Strata Scheme? Understanding Common vs Lot Property

Determining who is responsible for a repair is one of the most common sources of confusion in a strata scheme.

An item may appear to be located within an owner’s lot but may actually form part of the common property. Similarly, some items that serve a particular lot may have different maintenance responsibilities depending on the strata plan, scheme by-laws and the circumstances surrounding the repair.

Understanding the difference between common property and lot property is therefore important for strata owners, Councils of Owners and anyone considering purchasing a strata property.

Before arranging repairs or agreeing to pay for work, it is important to establish exactly where the responsibility lies.

“One of the most common misunderstandings we see in strata is the assumption that if something is physically located within a lot, the lot owner must automatically be responsible for it. The strata plan is an important starting point when determining responsibility, and it is always better to clarify this before arranging works or accepting responsibility for a repair.”

— Kim Dawes, Department Manager —

What is common property?

Common property is generally the part of the strata scheme that is not contained within an individual lot. It is collectively owned by the lot owners and managed by the strata company.

The exact common property within a scheme can vary considerably. Depending on the type and design of the scheme, it may include areas and building elements such as:

External walls
Roofs
Foyers and shared entrances
Driveways and common pathways
Shared gardens and recreational areas
Structural elements of a building
Pipes or services located in common property or servicing more than one lot

Landgate explains that common property in a strata scheme can be more difficult to identify because it is not necessarily separately numbered on the strata plan. The plan needs to be examined to determine where the lot boundaries end and common property begins.

The strata company has a statutory responsibility to manage and maintain common property, although there can be exceptions depending on the circumstances, scheme type and applicable by-laws.

What is lot property?

Lot property is the part of the strata scheme that is individually owned by a lot owner.

For a typical built-strata property, this can include the internal areas of an apartment, villa or townhouse and items such as internal walls, fixtures, flooring and paintwork.

As a general rule, the owner of a lot is responsible for maintaining and repairing their lot. The standard governance by-laws under the WA strata legislation state that a lot owner must maintain and repair the lot and keep it in a state of good condition, subject to specified exceptions.

However, "inside my lot" does not automatically mean "my responsibility."

There can be building elements located within or immediately adjacent to a lot that form part of common property, or where responsibility is affected by a specific by-law or other provision.

This is why checking the strata plan is so important.

Why the strata plan matters

The strata plan is one of the most important documents when determining responsibility for repairs.

It establishes the boundaries of the lots and helps identify what falls outside those boundaries as common property. In a built-strata scheme, the boundaries can be defined by reference to the building, including walls, floors and ceilings.

The position can also vary between different strata schemes.

For example, two apartments in different buildings may have similar-looking balconies or windows, but the responsibility for maintaining or repairing those elements may not be the same because their strata plans or by-laws differ.

Landgate recommends obtaining and examining a current copy of the scheme plan when determining common property and lot boundaries. Where the interpretation is unclear, advice from a licensed land surveyor or Landgate may be appropriate.

The appearance or location of an item should not be relied upon by itself.

Who is responsible for repairs?

In broad terms:

The strata company

The strata company is generally responsible for managing and maintaining the common property.

If a repair relates to common property, owners should generally raise the issue with the strata company, Council of Owners or strata manager rather than arranging the work themselves.

Landgate specifically advises that where repairs or maintenance are required to common property, the matter should be raised with the strata company.

The lot owner

A lot owner is generally responsible for maintaining and repairing the property within the boundaries of their lot.

However, there can be exceptions. Responsibility can be affected by the scheme's by-laws, exclusive-use arrangements, the type of strata scheme, the location and purpose of the item, and the cause of the damage.

This is why it is important to establish responsibility before engaging a contractor or accepting an invoice.

Common repair disputes in strata schemes

Some repairs regularly lead to questions or disagreements between lot owners and strata companies.

Leaking pipes

A leaking pipe can be particularly difficult to allocate responsibility for.

A pipe serving only one lot may potentially be treated differently from a pipe located in common property or servicing multiple lots. The location of the pipe, the strata plan and the nature of the service all need to be considered.

Balconies

Balconies can create confusion because they may be physically attached to or accessed exclusively from a particular lot.

However, responsibility for the balcony structure, waterproofing, balustrades, surfaces or other components cannot necessarily be determined simply because the balcony is for the exclusive use of one owner.

The strata plan and any applicable by-laws should be checked before deciding who is responsible.

Windows

Windows are another common area of confusion.

An owner may assume that because a window is part of their apartment, they are responsible for its replacement. However, external or boundary elements can form part of common property depending on the boundaries established by the strata plan.

Roofs

Roofs will commonly form part of the common property in a built-strata scheme, meaning repair and maintenance may generally fall to the strata company.

However, the specific circumstances and scheme arrangements should still be confirmed before work is organised.

External walls

External walls are often common property in built-strata schemes. This can include repairs relating to deterioration, cracking or other building defects.

However, responsibility for damage caused by an individual owner or occupier may need to be considered separately.

Doors

Doors can be another grey area.

An internal door within a lot will generally be treated differently from an external entrance door or door forming part of a common-property boundary.

The relevant boundary and any applicable by-laws should be checked before determining responsibility.

Plumbing

Plumbing responsibility depends heavily on what the pipe or plumbing serves and where it is located.

For example, a pipe serving multiple lots may be treated differently from plumbing serving only one lot.

A plumber's assessment may therefore be useful, but the physical location of the problem is only one part of determining who should ultimately pay.

Air-conditioning units

Air-conditioning systems can also create disputes, particularly where an outdoor condenser is located outside the lot or attached to an external wall.

Responsibility may depend on whether the equipment forms part of the lot, is common property, was installed by the owner, or is subject to a particular by-law or approval.

This is a good example of why an owner should not assume responsibility based solely on where an item is physically located.

What happens when responsibility is unclear?

When responsibility is unclear, the first step should be to avoid making assumptions or immediately arranging non-emergency work at your own expense.

Instead:

Notify your strata manager or Council of Owners about the issue.
Check the strata plan to establish the relevant lot boundaries.
Review the scheme's by-laws, including any exclusive-use by-laws that may affect maintenance responsibilities.
Determine the cause and location of the problem, where necessary with the assistance of an appropriately qualified contractor.
Establish who has authority to arrange the work before engaging a contractor.
If the issue remains disputed, obtain appropriate professional or legal advice.

Landgate notes that exclusive-use by-laws can specifically allocate responsibility for repairing and maintaining common property to the lot owner who benefits from the exclusive use, or to the strata company, depending on the terms of the by-law.

This means there is no reliable "one rule fits all" answer for every repair.

Why owners should contact their Strata Manager

Your strata manager can be an important first point of contact when there is uncertainty about a repair.

Rather than an owner independently deciding that a repair is their responsibility — or that the strata company must pay — the strata manager can help identify the appropriate process, refer to the scheme records and by-laws, and coordinate the matter with the Council of Owners where required.

This can be particularly important for repairs involving building structures, shared services, external areas or potential common property.

It can also help prevent unnecessary costs. If an owner arranges work that ultimately turns out to be the strata company's responsibility, or undertakes work affecting common property without the required approval, complications can arise.

For Councils of Owners, having a consistent process for assessing repair requests can also help reduce disputes between owners and ensure maintenance issues are dealt with appropriately.

Buying a strata property? Check before you buy

Understanding repair responsibilities is also important for prospective strata purchasers.

Before purchasing a strata property, buyers should look beyond the apartment, villa or townhouse itself and understand how the wider scheme operates.

This includes reviewing:

The strata or survey-strata plan
Scheme by-laws
Strata company records
Maintenance and repair issues
Planned or anticipated major works
Contributions and levies
Any relevant notices, defects or disputes

Landgate advises that a strata title should be considered alongside the relevant strata or survey-strata plan, as the plan can contain important information about lot boundaries, common property and other interests affecting the scheme.

Doing this due diligence before purchasing can help avoid unexpected repair obligations and costs later.

Understanding responsibility can prevent unnecessary disputes

Strata repairs are not always as straightforward as determining what an item looks like or where it happens to be located.

The key question is often whether the item forms part of the lot or common property — and what the scheme's documents and legislation say about responsibility.

When there is uncertainty, checking the strata plan and seeking guidance before arranging work can help owners, Councils of Owners and strata companies avoid unnecessary disputes, delays and costs.

For more information, owners can refer to the WA Strata Titles Act 1985 and Landgate's resources on strata plans, boundaries and common property.

Further information

WA Strata Titles Act 1985 – Western Australian legislation — Relevant provisions concerning strata companies, lot owners, maintenance, repairs and the management of strata schemes.
Landgate – Strata Titles and Common Property — Information about strata plans, lot boundaries, common property and responsibilities.
Landgate – Understanding the Basics of Strata — A practical overview of common property and strata boundaries.

This article provides general information only and is not intended to constitute legal advice. The responsibility for a particular repair will depend on the individual scheme, its strata or survey-strata plan, by-laws, legislation and the circumstances of the issue. Where responsibility is disputed or unclear, appropriate professional advice should be obtained.

Need Help Managing Your Strata Scheme?

Understanding who is responsible for repairs is just one part of effectively managing a strata property.

Our experienced strata management team can assist with the day-to-day management of your scheme, including maintenance matters, communication with owners and contractors, and helping Councils of Owners navigate their responsibilities.

If you are looking for professional strata management or would like to discuss your scheme, contact our team today strata@summitrealty.com.au