Property guidance by Quay Law
Property guidance by Quay Law
Unit title guidance from Quay Law
Ian Mellett, Barrister and Solicitor, Quay Law
Common property is everything in a unit title development that is not part of a unit. It often includes the land, the structure of the building, the roof, lifts, stairwells, driveways, gardens and shared facilities. It is owned by the body corporate on behalf of all the owners.
The unit plan shows what is common property. In an apartment building, it commonly includes the exterior, the structure, foyers, corridors and shared services. In a townhouse development, it may include driveways, paths, landscaping and visitor parking.
Because common property belongs to everyone, no single owner can alter it or use it in a way that excludes others without the body corporate’s approval.
The body corporate maintains and repairs common property, funded by levies paid by owners. The cost is generally shared according to utility interest. Different sets of utility interests may apply to particular costs or services.
This shared responsibility is one of the main advantages of a unit title. It is also why the condition of common property, and the body corporate’s plans for it, matter to every owner.
An exclusive use area is part of the common property that one owner is given the right to use, to the exclusion of others. Typical examples include a courtyard, a car park or a garden area adjoining a unit.
The owner does not own the area. They have a right to use it, granted by the body corporate. The arrangement may place responsibility for maintenance on the owner who has the use of it, and it may be subject to conditions or be changed by the body corporate.
Any work that affects common property, such as installing a heat pump unit on an exterior wall, enclosing a balcony or making changes to a courtyard, generally requires body corporate approval. Work carried out without approval may have to be reversed at the owner’s cost.
How to read a unit plan, the difference between principal and accessory units, and why boundaries matter when you buy an apartment or townhouse.
How body corporate operational rules work in New Zealand, what they commonly cover, including pets, renovations and letting, and how to check them before you buy.
How body corporate levies are set in New Zealand, what the operating, maintenance and contingency funds are for, and how special levies work.
If a courtyard, car park or garden is important to your purchase, we can confirm exactly what rights you will have before you commit.
If you are buying or selling a unit title property in Auckland, we recommend speaking with us before you sign an agreement. Contact Ian Mellett at Quay Law, Barrister and Solicitor, by completing our enquiry form below, or call us on 09 523 2408.
The information on this page is provided for general information purposes only and is not legal advice. Every transaction is different, and all matters should be discussed with the team at Quay Law.