Utility infrastructure is usually the pipes, cables, wires, sewers, drains, plant and equipment supplying a utility service to the lots or the common property in a community titles scheme.
It can also be another system or service designed to benefit a lot or common property.
Utility infrastructure is referred to as fittings and fixtures under the Building Units and Group Titles Act 1980 (BUGT Act) and the following specified Acts:
Mixed Use Development Act 1993 (MUD Act)
Integrated Resort Development Act 1987 (IRD Act)
Sanctuary Cove Resort Act 1985 (SCR Act).
Utility infrastructure and common property
The body corporate is usually responsible for utility infrastructure that is part of common property.
If the utility infrastructure is not part of common property, the lot owner is generally responsible for maintaining it.
All utility infrastructure in a body corporate is part of common property except for utility infrastructure that:
supplies a utility service to only 1 lot
and
is within the boundaries of the lot
and
is not within a boundary structure for the lot.
A boundary structure for a lot in a body corporate means a floor, wall, or ceiling (other than a false ceiling), that contains the boundary between one lot and another lot or common property. This definition applies to all schemes regardless of the plan of subdivision.
It is important for both the body corporate and lot owners to understand the boundaries of lots and know if utility infrastructure is part of common property.
Building format plan and building units plan
This diagram gives an example of utility infrastructure responsibilities in a building format plan and building units plan.
the body corporate is responsible for the cold water pipes or cables shown in red as they are located within a boundary structure.
the lot owner is responsible for the cold water pipes or cables shown in blue as they service 1 lot only and are located within an internal wall (not a boundary structure).
Standard format plan and group titles plan
This diagram gives an example of utility infrastructure responsibilities in a standard format plan and group titles plan.
Exclusive use by-laws for bodies corporate under BUGT Act
The lot owner is responsible for the maintenance of utility infrastructure (fittings and fixtures) in an exclusive use area if the exclusive use by-law:
Improvements to common property installed by lot owners
Despite any other rules, the lot owner is responsible for the maintenance of utility infrastructure they install for the lot’s benefit.
For example, an air conditioning unit and any associated piping a lot owner installs on common property for their use will be their responsibility, unless the body corporate has agreed otherwise.
When different rules apply for community titles schemes
In some cases a lot owner (or occupier) can be responsible for maintenance even if the items are on common property or outside their lot.
This can include:
services (including associated pipes and wiring) that supply solely to the lot such as
a hot water system
an air-conditioning system
solar panels
television antennae
A shower tray even if it is not inside the lot.
Utility infrastructure that is installed on common property by an occupier for the occupier’s benefit.
A meter installed to measure water supplied to a community titles scheme may remain the property of the provider supplying the water, and will not be part of common property. This applies to meters installed in schemes established after 1 January 2008.
Utility infrastructure installed under an agreement with the original owner (i.e. the developer) or the body corporate (e.g. cable television equipment), may remain the property of the service provider. It will only be part of common property if ownership is transferred to the body corporate under the terms of the agreement.
How utility services are charged in a community titles scheme
When lots are individually metered, owners can be charged based on their actual usage. The body corporate may take on the liability for the total cost of the service and then levy owners, or they may be charged directly by the provider for services such as water, gas and electricity.
When there is no realistic way of measuring the usage by individual lots, the body corporate will levy owners based on the contribution schedule lot entitlements, or share the cost equally between the owners of each lot.
The owners of each lot also contribute to the common property portion of the utility service provided. This is based on the contribution schedule lot entitlement.
Easements under the BUGT Act and specified Acts
There may also be easements that impact maintenance obligations. In some cases, there are easements for providing services (such as water, sewerage, drainage and or electricity, amongst other things).
