In NSW are balconies considered common property? – NSW, Therese

Q: In NSW are balconies considered common property? On the strata plan the ‘plan’ includes the balcony within the lot.

A: Understanding how a lot is defined by its airspace is important. The airspace includes fixtures, fittings, clotheslines, and internal structural components within the balcony. Lot owners are typically responsible for maintaining these elements.
On the other hand, the building structure of the balcony, including the floor, ceiling, balustrade, doors, windows, etc., is usually considered common property and falls under the ownership of the owners corporation.
To understand where the separation lies, it is necessary to refer to the strata plan, which outlines the airspace of the lot. Additionally, checking the by-laws can provide further clarity related to balconies. It’s important to note that definitions may differ for buildings constructed before June 1974.
If you’re uncertain, send an enquiry to your strata managing agent, the Land Registry Services of NSW, or seek legal advice to ensure clarity based on the strata plan in question.