Why Body Corporate Title Searches Are Different
Buying a unit, townhouse, or apartment in Queensland means buying into a body corporate (also known as a strata scheme or community titles scheme). The title structure for these properties is fundamentally different from standard freehold land, and understanding these differences is critical before you sign a contract.
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Current Title / State Lease
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Image of Survey Plan (SP/RP)
Add the plan if boundaries, lot layout, easements or strata/common property matter.
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Not sure which document fits? Start with the current title search, then add the plan or instrument if the title points to one.
This guide explains how body corporate titles work in Queensland, what documents you need, and how to conduct proper due diligence on strata properties.
How Body Corporate Titles Work
When you purchase a lot within a body corporate scheme, you own your individual lot (such as your apartment or townhouse) and share ownership of the common property with all other lot owners. The common property includes shared areas like driveways, gardens, pools, lobbies, and structural elements of the building.
The Community Management Statement (CMS)
Every body corporate in Queensland has a registered Community Management Statement. This document sets out the by-laws that govern the scheme, including rules about renovations, pets, noise, parking, and use of common facilities. The CMS is registered on the title and forms a legally binding agreement between all lot owners.
Lot Entitlements
Each lot in a body corporate scheme has two types of entitlements:
- Contribution schedule lot entitlements — determine how much each lot owner pays in body corporate levies
- Interest schedule lot entitlements — determine each lot owner share of the common property (relevant if the scheme is terminated)
These entitlements are set when the scheme is established and are recorded on the survey plan.
Essential Documents for Body Corporate Due Diligence
1. Current Title Search — $74.50 AUD
Start with a Current Title Search to confirm ownership, lot description, and all registered encumbrances. For body corporate properties, the title will reference the survey plan number (usually an SP — Survey Plan) and list any mortgages, easements, or other interests.
2. Survey Plan — $85.90 AUD
The Survey Plan is especially important for strata properties. It shows the boundaries of your individual lot, the common property areas, and any exclusive use areas allocated to specific lots. The plan also records lot entitlements, which directly affect your ongoing levy contributions.
3. Community Management Statement — via Dealing Instrument — $91.80 AUD
The CMS is registered as a dealing instrument on the title. Ordering an Image of Dealing Instrument gives you the full text of the by-laws, including any amendments that have been registered since the scheme was established.
4. Historical Title Search — $86.50 AUD
A Historical Title Search can reveal previous ownership changes, amendments to the CMS, and any encumbrances that have been added or removed over time. This is particularly useful for older body corporate schemes where multiple amendments may have been made.
What to Look For in Body Corporate Titles
Exclusive Use Areas
Some body corporate schemes allocate exclusive use areas to specific lots. These are parts of the common property that only one lot owner can use — such as a courtyard, car park, or storage area. Exclusive use areas are defined in the CMS or on the survey plan and can significantly affect the value and usability of a lot.
Building Management Statements
For mixed-use developments or large complexes with multiple body corporates, a Building Management Statement (BMS) may be registered. This document governs the shared infrastructure between different schemes within the same building. Review the BMS carefully, as it can impose additional obligations and costs.
Easements on Common Property
Body corporate common property may be subject to easements for drainage, services, or access. These easements can affect renovation plans or the use of common areas. Check the survey plan and any registered dealing instruments to understand where easements are located.
Common Pitfalls When Buying Body Corporate Properties
- Ignoring the CMS — The by-laws in the CMS can prohibit pets, short-term letting (Airbnb), or certain renovations. Read them before you buy.
- Not checking lot entitlements — High contribution entitlements mean higher quarterly levies. Compare your lot entitlements to others in the scheme.
- Overlooking the sinking fund — A body corporate with a low sinking fund may face special levies for major repairs. Request a body corporate records search in addition to your title search.
- Missing exclusive use details — That car park or courtyard you assumed was yours may actually be common property with no exclusive use allocation.
- Skipping the survey plan — The survey plan shows exact lot boundaries. In strata schemes, your lot boundary may not include the external walls or balcony area.
Body Corporate vs Freehold: Key Differences
Understanding the differences between body corporate and freehold ownership helps set expectations:
- Levies — Body corporate owners pay quarterly levies for maintenance of common property. Freehold owners manage their own maintenance.
- By-laws — Body corporate by-laws restrict certain activities. Freehold owners have more freedom (subject to council regulations).
- Shared decisions — Major decisions in a body corporate require majority votes at general meetings. Freehold owners make their own decisions.
- Insurance — The body corporate arranges building insurance for the entire scheme. Freehold owners arrange their own.
- Common property — Body corporate owners share responsibility for common areas. Freehold owners are responsible for their entire lot.
Queensland-Specific Considerations
Queensland body corporate law is governed by the Body Corporate and Community Management Act 1997 and its regulation modules. Key points for buyers:
- Queensland uses four regulation modules (Standard, Accommodation, Commercial, Small Schemes) — each has different rules
- The regulation module is specified in the CMS
- Disputes can be resolved through the Commissioner for Body Corporate and Community Management
- Body corporate committees have specific powers and limitations under the Act
Get Your Body Corporate Documents from TitleFinder
Proper due diligence on a body corporate property requires multiple documents. TitleFinder provides fast, affordable access to everything you need:
- Current Title Search — $74.50 AUD
- Historical Title Search — $86.50 AUD
- Survey Plan — $85.90 AUD
- Dealing Instrument (CMS) — $91.80 AUD
Visit titlefinder.com.au to order your documents and make an informed decision on your next body corporate purchase.
