BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 20 Utility infrastructure as common property

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 20

20 Utility infrastructure as common property

(1) Common property for a community titles scheme includes all utility infrastructure forming part of scheme land, other than—

(a) utility infrastructure that is—

(i) a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and

(ii) installed after 1 January 2008, under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 , on infrastructure supplying water to a lot or land that is common property for the community titles scheme; or

Note—

Under the Water Supply (Safety and Reliability) Act 2008 , section 35 , the devices mentioned in subparagraph (i) are the property of the service provider supplying the water under that Act.

(b) utility infrastructure, other than utility infrastructure mentioned in paragraph (a) , that is—

(i) solely related to supplying utility services to a lot; and

(ii) within the boundaries of the lot (according to the way the boundaries of the lot are defined in the plan of subdivision under which the lot is created); and

(iii) located other than within a boundary structure for the lot.

(2) However, common property does not include utility infrastructure positioned within common property if—

(a) its positioning is the subject of an agreement to which the original owner or the body corporate is a party; and

(b) under the agreement, ownership of the utility infrastructure does not pass to the original owner or body corporate.

Example of utility infrastructure for subsection (2)—

cable television wires positioned in the service shaft of a multistorey building that is scheme land for a community titles scheme, if the wires remain in the ownership of a cable television provider

(3) In this section—


"boundary structure" , for a lot included in a community titles scheme, means a floor, wall or ceiling, other than a false ceiling, in which is located the boundary of the lot with another lot or common property.