How to Buy Common Property from your Body Corporate: A QLD Guide to Extending Your Unit

Dreaming of a private courtyard in Brisbane or want to transform dead space into part of your living area in the Sunshine Coast?

Lot owners can legally extend their unit boundaries by acquiring common property; however, this isn't a handshake deal with the neighbour. This process is governed by the Body Corporate and Community Management Act 1997 (BCCM Act) and involves several formal steps.

Here is how you can navigate the process of acquiring common property.

Step 1: Preliminary Planning & Expert Consultation

Before approaching the Body Corporate, confirm that the area you wish to acquire is legally classified as "common property" and will not interfere with essential building services.

To get this right, you will need to engage a team of experts:

1. A solicitor specializing in body corporate law for legal advice. They will help you understand the pros and cons of amalgamating the land with your existing lot or registering a by-law for exclusive use. They will also prepare the contract and letter of offer.

2. A surveyor to draft the new survey plans or exclusive use plans.

3. A valuer to provide an independent valuation, fair valuation of the common property. The Body Corporate is legally required to sell common property at its fair market value.

Step 2: Body Corporate Approval – The Crucial Vote

The Body Corporate must formally approve the sale and reconfiguration. To secure the necessary Special Resolution (which requires no more than 25% of votes cast against), your submission must be professional, detailed, and legally sound.

Your formal submission to the Body Corporate should include:

- A proposed survey plan.

- The independent valuation.

- A proposed purchase price (based on the valuation).

- Draft terms of the contract of sale.

Step 3: Finalising the Legal Documents (Assuming Body corporate approval)

- Contract of Sale: A contract is executed between you and the Body Corporate.

- Survey Plan & CMS Amendment: The surveyor finalises the new Survey Plan and the Community Management Statement (CMS). This amendment is specifically registered with the Queensland Land Titles Registry.

Maximize your property's potential. Acquiring common property demands careful attention to detail and professional expertise.

If you want to discuss your common property acquisition or need an independent valuation, contact Shayne and the QLD valuation team at Delphi Consultants and Valuers.

We offer a range of Strata Valuation services, including:

• Common Land Valuations

• Site Valuations for land valuation objections

• Strata Insurance Valuations

📞 Brisbane Office: (07) 3852 6012 

🌐 Website: www.delphiproperty.com.au 

✉️ Email: qld@delphiproperty.com.au

Get a quote - emailed to your inbox: delphiproperty.com.au/contact