Buying a body corporate property
Body corporate properties are made up of individually owned lots or units and common property.
A body corporate property could be a duplex, residential unit block, high-rise accommodation complex, shopping complex or business park. It could also be a larger plan that includes townhouses and freestanding houses.
The body corporate is an entity made up of each person who owns a lot within the property.
If you are thinking about buying a property that has a body corporate, you may want to learn more about its particular situation. This page will help you decide what searches to do, if any, and help you understand what your responsibilities as a lot owner would be.
On this page
Which legislation applies
There are different types of bodies corporate in Queensland with different legislation that may apply.
Every owner should know which legislation applies to their body corporate. You can find out which applies from Titles Queensland.
Community titles schemes
Most bodies corporate in Queensland are regulated by the Body Corporate and Community Management Act 1997 (the BCCM Act).
The BCCM Act sets out the rights and responsibilities of people involved with bodies corporate. Regulation modules accompany the BCCM Act and are designed to meet the needs of different types of community titles scheme.
A community titles scheme will have a community management statement (CMS) recorded with Titles Queensland that can tell you which regulation applies.
Other bodies corporate
A body corporate that does not have a CMS registered will fall under one of the following Acts instead:
- Building Units and Group Titles Act 1980 (the BUGT Act or BUGTA)
- Integrated Resort Development Act 1987 (the IRD Act)
- Mixed Use Development Act 1993 (the MUD Act)
- Sanctuary Cove Resort Act 1985 (the SCR Act)
- South Bank Corporation Act 1989 (the SBC Act)
- Registration of Plans (HSP (Nominees) Pty Limited) Enabling Act 1980 (ROPE1)
- Registration of Plans (Stage 2) (HSP (Nominees) Pty Limited) Enabling Act 1984 (ROPE2)
Learn more about why there are different Acts.
Owning a lot
Owning a lot in a property with a body corporate brings certain obligations beyond those of owning a detached house.
You should carefully consider whether living or investing in a property with a body corporate suits your lifestyle and financial needs.
When you buy a lot that is part of a body corporate property, you are automatically a member of the body corporate.
You cannot opt out of being a part of the body corporate.
Your role
If you decide to buy, you will have duties and obligations. As an owner, you:
- will be responsible for keeping your lot in good condition
- may be responsible for maintaining an area of common property that you have the right to exclusive use of
- must follow the by-laws that apply to the property
- must not cause a nuisance or hazard
- must not interfere unreasonably with someone who is lawfully using or enjoying
- another lot
- the common property.
Learning about the property
Before you sign the contract, the seller must give you information about the lot you are buying and the scheme it’s in.
You can find this information in the:
- body corporate certificate
- seller disclosure statement under the seller disclosure scheme.
The seller disclosure scheme applies from 1 August 2025.
You may also want to learn more by:
- accessing the body corporate’s records
- contacting the body corporate secretary or manager
- contacting Titles Queensland.
Body corporate certificate
The body corporate certificate has a lot of the information you’ll need to make an informed decision about your purchase.
It is completed using one of the following forms:
It includes the following information.
The body corporate certificate includes the body corporate manager’s information.
If the body corporate has not engaged a manager, the certificate will say who you can contact to access the body corporate’s records (usually the secretary).
You will receive a copy of the insurance certificate with the body corporate certificate.
The body corporate is responsible for insuring common property and some buildings. If your lot is not covered by the body corporate’s insurance, you will need to take out insurance to make sure you’re covered.
You will be responsible for insuring your contents.
If the body corporate buildings are not insured for full replacement, the body corporate certificate will include information on any alternative insurance that’s in place.
Read more about insurance.
You will be responsible for the maintenance of most things inside the boundary of your lot. You’ll also share responsibilities with other lot owners for maintaining:
- the common property (e.g. shared driveways, letterboxes, elevators, stairways, swimming pools, tennis courts or roadways)
- certain elements of a building that are not common property, in some situations
- shared utility infrastructure
- body corporate assets.
If there is a register of body corporate assets, the seller will give you a copy.
The survey plan will help you work out the maintenance responsibilities.
It’s important to find out the ongoing costs for maintenance and general upkeep of the common property. You should be able to learn this from the body corporate secretary or manager.
Survey plan
The survey plan identifies:
- the boundaries between each lot and the common property
- exclusive-use areas, which may be attached to your lot.
All bodies corporate have survey plans registered with Titles Queensland—under either a:
- building format plan, also known as a building units plan
- standard format plan, also known as a group titles plan.
The body corporate certificate will tell you which survey plan the property you are purchasing is registered under. You can get a copy of the survey plan by doing a search online—contact Titles Queensland for more information.
An owner of a lot may make an improvement to the common property for the benefit of their lot. They are usually responsible for maintaining it.
The body corporate must have a register that lists all the authorised improvements made by owners.
The seller will give you a copy of the improvements register before you sign the contract of sale.
As an owner you will need to contribute financially to day-to-day running costs of the body corporate. You’ll do this by paying regular levies.
The body corporate certificate will tell you what levies you will need to pay.
Levy amounts vary between bodies corporate depending on the condition and age of the common property and shared facilities. Running costs are likely to increase over time.
Not paying levies on time may attract a high rate of interest (up to 30% per year) and additional costs.
Before you settle on purchasing the property, you may wish to consider the following information in the body corporate certificate:
- the levies set for the next financial year
- the copy of the latest financial statement
- outstanding levies from the current lot owner. As the new owner you may be liable to pay any outstanding amounts.
By-laws are an additional set of rules particular to each body corporate. They regulate the behaviour of owners, occupiers and their invitees on the common property and within their lots.
By-laws often cover a range of issues, such as noise, pets and parking.
The by-laws for the property you’re thinking about buying into will tell you what you can and can’t do, or what you would need to ask permission for once you become an owner.
The seller will give you a copy of the by-laws before you sign the contract of sale.
If your body corporate is part of a community titles scheme, it has its own CMS.
The CMS identifies (among other things):
- any proposed development of the scheme
- lot entitlement schedules (used to calculate your levies)
- relevant by-laws
- the regulation module that applies to the scheme.
A copy of the CMS will also be provided to you before you sign the contract of sale.
Accessing the body corporate's records
You can also ask for copies of the body corporate’s records to learn about the property.
When asking for records, be specific about what you want to see. Searches of interest may include:
- contracts the body corporate is party to (e.g. caretaking, letting, body corporate management or lift maintenance)—you will have to contribute to these through levies
- financial information that isn’t on the body corporate certificate
- minutes of committee and general meetings to find out what decisions the body corporate have made.
You need to ask in writing and pay a fee.
How we can help
The Office of the Commissioner for Body Corporate and Community Management provides information and dispute resolution services. You can also search for dispute resolution orders.
We provide a free information service for those who live, work or invest in Queensland body corporate properties.
We do not provide legal advice.
Contact us on 1800 060 119 or submit an online enquiry.
We have produced a range of online information on various topics, including:
- our Queensland Community Living: A body corporate guide (for community titles schemes)
- layered schemes
- by-laws
- maintenance
- insurance
- alternative insurance
- the role of the body corporate
- the committee’s role.
We also provide dispute resolution services for most disputes that arise within Queensland bodies corporate that cannot be resolved internally.
You must own the lot before you can apply for dispute resolution with us.
You can search our records for any disputes in a body corporate that required an adjudicator or referee (a decision maker) to intervene in matters affecting owners, occupiers or the body corporate.