Strata living in Perth has become increasingly popular due to the growth of high-density residential developments, including apartments and townhouses. For those living in a strata-titled property, understanding the distinction between common property and private property is crucial to ensure that responsibilities and rights are clear, especially regarding building inspections. This blog will provide an in-depth look into what is considered common property versus private property in strata living, and how building inspections can play a vital role in maintaining and managing these shared spaces.

Understanding Strata Title and Common Property

Strata title is a form of ownership where individuals own their unit or “lot” within a larger complex but share ownership of the common areas with other residents. These shared spaces, referred to as “common property,” are managed by a body corporate (or strata company), which is responsible for their upkeep and maintenance.

Common Property typically includes areas that benefit all residents, such as:

• External walls, roofs, and foundations
• Hallways, stairwells, and foyers
• Shared driveways and parking areas
• Gardens and outdoor areas
• Elevators and communal facilities like pools or gyms

On the other hand, Private Property, also known as the “lot,” refers to the individual unit owned by a strata resident. This is usually the internal space of an apartment or townhouse, including the interior walls, flooring, and fixtures within that space.

Responsibilities: Common vs. Private Property

One of the key reasons for understanding the distinction between common and private property is to clarify maintenance responsibilities. For example, if a water leak originates from the roof, which is considered common property, it is the strata company’s responsibility to fix it. However, if a leak originates from plumbing within a unit (private property), the responsibility typically falls to the owner.

Because of this divide, conflicts can arise if issues like leaks, cracks, or structural concerns are misidentified. This is where building inspections come into play, providing clear, independent assessments of where the issue lies and ensuring that the correct party addresses the problem.

Building Inspections in Strata Properties

Building inspections are essential for strata properties to identify maintenance and safety issues early and ensure that both private and common areas are kept in good condition. These inspections help maintain property values, promote safety, and ensure legal compliance with building regulations.

Here are some key ways in which building inspections are important in the context of strata properties:

1. Identifying Common Property Issues

In strata living, common property is subject to wear and tear, and over time, various issues can arise, such as cracks in walls, foundation subsidence, or roof leaks. A comprehensive building inspection helps to assess these areas and pinpoint specific concerns that may need immediate attention. For instance, building inspections can highlight potential safety hazards in shared spaces, such as unstable balconies or deteriorating staircases. Since these areas are shared by all residents, early detection and repair are critical to preventing accidents or costly repairs down the road.

2. Private Property and Its Impact on Common Areas

Although owners are responsible for their private lots, issues that arise within a private property can sometimes affect common areas. For example, plumbing or electrical faults within an individual unit may have consequences for other units or shared infrastructure. Building inspections can help identify these problems before they escalate, preventing major disruptions or damage to common property.

For buyers considering purchasing a strata property, pre-purchase building inspections can provide invaluable insight into the condition of both the private lot and the common areas. Identifying issues early on allows buyers to make informed decisions and avoid unexpected expenses after moving in.

3. Ensuring Strata By-law Compliance

Strata properties are governed by a set of rules or by-laws that all residents must follow. These can include guidelines on renovations, alterations, and even usage of common areas. Building inspections are a useful tool to ensure compliance with these by-laws, particularly when owners undertake renovations or modifications. For example, if a resident wishes to add a deck or renovate a bathroom, a building inspection can help ensure that the work adheres to the required standards and does not negatively affect common property or other units.

4. Regular Maintenance and Safety Inspections

In a strata complex, the body corporate is responsible for maintaining the common property. Regular building inspections can help identify potential issues, such as deteriorating infrastructure. These inspections are especially important for older buildings that may require more frequent maintenance or upgrades to meet current safety standards.

Regular inspections are not only about fixing visible problems but also about identifying hidden concerns, such as termite infestations or water damage behind walls, which can lead to significant issues if left unattended. Inspections provide a proactive approach to managing the long-term health of the building and its shared spaces.

Building Inspection Rights in Strata Living

A common question that arises in strata living is: Who has the right to request a building inspection, and when is it necessary?

In a strata scheme, the body corporate is generally responsible for organising and paying for building inspections related to common property. If a resident or owner notices an issue in a common area—such as cracking in external walls or water damage in shared corridors—they can notify the body corporate, who may then arrange for an inspection to assess the problem.

For individual lots, owners are typically responsible for organising their own inspections if they notice an issue within their property. However, if an issue within a private property has the potential to affect common property or other units, the body corporate may step in to assess the problem and determine the appropriate course of action.

In some cases, building inspections may be required by law, particularly if the building is older or if major renovations are planned. For example, significant structural changes to common property—such as installing a new elevator or altering a shared driveway—may require an independent building inspection to ensure compliance with safety and building standards.

Strata living comes with unique considerations when it comes to property management, particularly concerning the division of common property versus private property. Building inspections play a crucial role in ensuring that all aspects of a strata property, both shared and private, are well-maintained, safe, and compliant with relevant regulations.

Regular inspections help to identify potential issues early, prevent costly repairs, and ensure that maintenance responsibilities are clearly defined between owners and the body corporate. For those considering purchasing or living in a strata-titled property, understanding the importance of building inspections can help avoid conflicts and protect the long-term value of the investment.