Body corporate rental properties

If you rent, own, or manage a unit, townhouse or apartment, there may be additional body corporate rules that apply as part of community living.

In Queensland, the RTA administers residential tenancy laws and the Office of the Commissioner for Body Corporate and Community Management (BCCM) provides information and assistance on body corporate legislation. This includes the rules on what owners, managers and tenants need to know and comply with. 

What is a body corporate?

A body corporate is a legal entity which is created when land is subdivided and registered under the Land Title Act 1994  to establish a community titles scheme. All owners in a community titles scheme are automatically members of the body corporate when they buy their lot.  

You can read more about the role of a body corporate on the BCCM website. 

By-laws and tenancy agreements

Most complexes of units, townhouses or apartments will have their own set of body corporate by-laws or rules.  

The by-laws outline the rules and regulations regarding the use and enjoyment of the lots and common property in the complex. They can cover things such as noise, smoking, pets, parking and the appearance of lots. You can read more about by-laws on the BCCM website.  

Under Queensland tenancy laws, the property manager/owner must provide a copy of the relevant by-laws to the tenant when they share the proposed tenancy agreement, as they form part of the tenancy agreement. Failing to do so is an offence.  

Tenants should take the time to read and understand the by-laws to ensure they are aware of any restrictions or additional requirements that apply throughout their tenancy. 

A breach of a body corporate by-law is a breach of the tenancy agreement, and a Notice to remedy breach can be issued to rectify the issue. The body corporate may also act by issuing a Contravention notice. You can find out more about Contravention notices on the BCCM website. 

Repairs

Tenants should contact their property manager/owner regarding any repairs. The property manager/owner will then liaise with the body corporate if required.

Most repairs inside the unit or townhouse will fall to the property manager/owner to rectify (such as a leaking tap), while repairs for the external parts of the property may fall to the body corporate to rectify (such as a leaking roof). Even for repairs that fall to the property manager/owner, there may still be a requirement to notify the body corporate as part of the process.

Attaching fixtures and structural changes

Fixtures are generally items permanently attached to land or a building that are intended to become part of the land or building. Attaching a fixture may include picture hooks, locks, clotheslines, cable TV connections, window awnings, air conditioners, electric vehicle chargers, above ground pools and fencing, carpets, TV antennas, satellite dishes and ramps.

Structural changes are permanent changes to the premises which may include moving or removing walls, changing a window or altering the floor plan.

If a tenant lives in a property managed by a body corporate, and the body corporate's rules or by-laws require approval for adding fixtures or making structural changes, the tenant must complete the Request for Approval to Attach Fixtures or Make Structural Changes (Form 23) and submit it to the property manager or owner. The property manager or owner is required to respond within 28 days, informing the tenant of their decision and stating that approval is subject to the body corporate’s approval. If the property manager or owner approves, they must submit the tenant’s request to the body corporate within 28 days. The body corporate will then review the request, and while there is no set deadline for this review, the property manager or owner must inform the tenant of the body corporate's decision as soon as reasonably possible. If both the property manager or owner and the body corporate approve, the tenant can proceed with the changes according to the agreed conditions. 

Minimum housing standards in a body corporate

If a rental property is in a body corporate, it must comply with both minimum housing standards and any body corporate by-laws. There may be instances where the lessor will need to liaise with body corporate to ensure a property complies with minimum housing standards.   

Pets

Tenants who rent a property in a body corporate are subject to any by-laws around keeping pets (excluding working dogs). Bodies corporate are not allowed to make by-laws banning pets in community title schemes. However, tenants may need to obtain body corporate committee approval to keep a pet, in addition to approval from the property manager/owner.

Smoking

Body corporate by-laws may include specification regarding where smoking cigarettes and the use of vape devices can occur at a property, including common areas or balconies. You can find out more about by-laws and smoking on the making by-laws page on the BCCM website.

Disputes

If you have a dispute with either a tenant, a property manager/owner, the body corporate, the committee or another owner or occupier, you are encouraged to try to resolve it with the other party first, before taking any other dispute resolution steps.

Depending on the nature of the dispute, you can access dispute resolution services via:

  • RTA dispute resolution – for general tenancy disputes between a tenant and property manager/ owner
  • BCCM dispute resolution – for disputes related to body corporate by-laws, body corporate committees or other body corporate specific issues 

Further information and support

Tenants and property managers/owners for body corporate properties can access information and support from the RTA. The RTA resources below provide specific information about body corporate properties:

BCCM also provide a free information service for those who live, work or invest in Queensland body corporate properties. You can find out more and access resources on the BCCM website.