I would like to install ducted air conditioning in my unit. Is the ceiling space common property, or does it belong to me? Do I require permission from the committee or do I need to have an extraordinary BC meeting to proceed? – Martin, QLD
Q: I would like to install ducted air conditioning in my unit. Is the ceiling space common property, or does it belong to me? Do I require permission from the committee or do I need to have an extraordinary BC meeting to proceed?
My unit is on the second floor and the top unit. The building comprises 8 units. 4 separate buildings of two units each. My unit is on the top floor of one separate building, with one unit below.
The units are block construction with a pitched cement tiled roof. I would like to install a Fujitsu 7kw inverter single phase ducted system with three zones and would like to know if the ceiling is mine or common property. I realise that the placement of the outdoor unit has to be agreed upon by the committee, but wondered if the roof space also needs to be approved?
A: We recommend checking your building format plan. This will show you which areas belong to the owner, and which areas are common property.
Prior to lodging your request, we recommend that you review your building’s by-laws to see if air-conditioners are permitted. If they are, your by-laws may specify what type of unit is permitted, where the compressor can be located, and may even specify a list of approved providers that can carry out the installation.
Under Schedule 6 of the Body Corporate and Community Management Act 1997, the body corporate rules for air conditioning installation is considered a non-structure improvement. This means that an owner can make an improvement to common property if approved by the committee or the body corporate at a general meeting.
You may also want to look into a by-law to install the air conditioning unit. This will cover the installation process and responsibilities for maintaining your air conditioning unit and all associated parts, unless otherwise agreed upon.