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Topic
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I know that the area above the ceiling in the top floor unit is considered common property, but is the area below the floor on the ground floor unit also considered common property?
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Replies
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Hi ElevenSeven,
I believe you pretty much just own the air space of your property. Though most owners use floor, walls and ceilings to do their own thing. Without permission from OC and without usually complaint. Fittings are another issue. So under the floor would be common property. In fact the ceiling and the floor would be considered common property I think. But this would depend on why you are asking this question and what it relates to?
Big Cheers
I would have thought in it was from top of the slab for the owner, below the slab for common property. Under the slab may be foundations, plumbing mains etc, coming into the complex. So I wouldn't think that in an apartment building it could be anything else but common property?
considerate band fair said:
Hi ElevenSeven,
I believe you pretty much just own the air space of your property. Though most owners use floor, walls and ceilings to do their own thing. Without permission from OC and without usually complaint. Fittings are another issue. So under the floor would be common property. In fact the ceiling and the floor would be considered common property I think. But this would depend on why you are asking this question and what it relates to?
Big Cheers
Absolutely.
Have a look at your unit plan and see. Strata is generally cubic air space and if the area below the floor is not on your plan then it is common property.
Your unit plan holds the answer. The unit plan would have been in your contract when you purchased.The issue will be who maintains the heating since it will be part of common property unless otherwise established legally. A special resolution by-law will take care of this.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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