Property due diligence
Owners corporation due diligence
Owners corporations compared across all 8 Australian states and territories — different names, same automatic membership — then Victoria's full detail on what to check.
- Every state automatically enrols a buyer into a shared-ownership body on settlement — but the name differs: owners corporation (VIC, NSW, ACT), body corporate (QLD, TAS, NT), strata company (WA), community corporation (SA).
- South Australia hasn't created new strata-titled schemes since 1 June 2009 — every new SA development now uses the community titles model instead.
- WA uniquely requires a seller to give buyers a Precontractual Disclosure Statement (Form 28) before signing, covering levies, funds and recent meeting minutes.
- In Victoria, the Section 32's owners corporation certificate is the mandatory minimum disclosure, not the complete picture — AGM minutes and manager contracts can surface more.
- A car space may be a titled lot or common property under licence — confirm which before relying on having it.
Same concept, different name and mechanics in every state
Every state and territory creates some form of automatic shared-ownership body when you buy into a subdivided building — but the name, the disclosure document and the research process differ genuinely enough that Victorian terms don't transfer directly.
| State/territory | What it's called | How it's created / what to check |
|---|---|---|
| Victoria | Owners corporation (Consumer Affairs Victoria, verified 29 Jul 2026) | Automatically, on registration of a plan of subdivision with common property (Consumer Affairs Victoria, verified 29 Jul 2026) |
| New South Wales | Owners corporation (formerly "body corporate") (NSW Fair Trading, verified 12 Aug 2026) | Automatically, on buying a lot in a strata scheme; strata plan and by-laws must be in the contract of sale (NSW Fair Trading, verified 12 Aug 2026) |
| Queensland | Body corporate (Queensland Government, verified 7 Aug 2026) | Automatically, for every lot owner in a community titles scheme — no opting out (Queensland Government, verified 7 Aug 2026) |
| South Australia | Community corporation (strata plans no longer created since 1 June 2009) (Legal Services Commission of South Australia, verified 7 Aug 2026) | All new subdivided developments now use the Community Titles Act 1996 (Legal Services Commission of South Australia, verified 7 Aug 2026) |
| Western Australia | Strata company (Landgate (WA land titles authority), verified 7 Aug 2026) | Seller must give a Precontractual Disclosure Statement (Form 28) before the buyer signs — levies, funds, recent meeting minutes (Landgate (WA land titles authority), verified 7 Aug 2026) |
| Tasmania | Body corporate (usually "Strata Corporation No. ...") (Department of Natural Resources and Environment Tasmania, verified 7 Aug 2026) | Automatically, on registration of the strata plan by the Recorder of Titles (Department of Natural Resources and Environment Tasmania, verified 7 Aug 2026) |
| ACT | Owners corporation (ACT Planning (City and Environment Directorate), verified 7 Aug 2026) | Made up of unit owners in a units-plan development; manages common property under a lease granted to the owners corporation (ACT Planning (City and Environment Directorate), verified 7 Aug 2026) |
| Northern Territory | Body corporate (Northern Territory Government, verified 7 Aug 2026) | Automatically, on buying a unit — owns title to the unit plus a share of common property (Northern Territory Government, verified 7 Aug 2026) |
The name varies (owners corporation, body corporate, strata company, community corporation) but the underlying concept — automatic, non-optional membership tied to buying the lot — is universal. South Australia is the clearest outlier: it hasn't created new strata-titled schemes at all since 2009, so a genuinely new SA development will always use the community titles model instead. The rest of this guide covers Victoria's rules, including what to actually request beyond the mandatory certificate, in full detail.
Victoria in detail: how an owners corporation comes to exist
In Victoria, an owners corporation is automatically created when a plan of subdivision containing common property is registered with Land Use Victoria — it isn't something a buyer opts into or out of. Owners corporation members must pay annual fees, levies and charges, and follow the owners corporation rules covering matters such as renovations, pets and noise (Consumer Affairs Victoria, verified 29 Jul 2026). If a property is on a plan of subdivision with any shared land or building element, assume an owners corporation applies until you confirm otherwise.
What to actually request
Before buying into an owners corporation, a buyer can research it via the owners corporation certificate attached to the Section 32 vendor statement (fees, insurance, any current claims), the public register of owners corporation managers, contracts or agreements affecting common property, and the minutes of annual general meetings (Consumer Affairs Victoria, verified 29 Jul 2026). The certificate is the mandatory minimum — minutes, financial records, maintenance plans, correspondence and management contracts may reveal concerns or commitments that aren't fully explained in the certificate alone.
Car spaces are not always what they look like
An apartment car space may be a separate lot forming part of the title — in which case it must be confirmed as transferred with the title — or it may be common property requiring a lease or licence to use. Buyers should confirm which applies before relying on having a car space (Consumer Affairs Victoria, verified 29 Jul 2026). This is exactly the kind of detail a clean-looking Section 32 can leave ambiguous if you don't ask directly.
Worked example
A buyer assumes their allocated car space is included in the title because it's shown on the floor plan. The Section 32 later confirms it's actually common property under a licence arrangement — meaning the owners corporation, not the buyer outright, controls its long-term allocation. Confirming this before signing changes what the buyer is actually agreeing to buy.
Practical checklist
Before buying into an owners corporation
- Read the owners corporation certificate attached to the Section 32
- Request the last 1-2 years of AGM minutes
- Confirm whether car spaces/storage are titled lots or common property
- Ask about any planned or discussed special levies, even informally raised ones
- Check the owners corporation manager's public register listing
Relevant Delora tool
Questions for a professional
- Can you request the AGM minutes and manager contracts, not just the certificate?
- Is this car space a titled lot or common property under licence?
Official resources
- Consumer Affairs Victoria: Owners corporations
- Consumer Affairs Victoria: Buying an apartment or unit - checklist
- NSW Government: Buying a strata property
- Queensland Government: Buying into a body corporate property
- SA Law Handbook: Strata and community titles
- Landgate WA: Strata titles for buyers
- NRE Tasmania: Body corporate
- ACT Planning: Unit titles
- NT Government: Body corporate
Sources and methodology
- Buying an apartment or unit - checklist — Consumer Affairs Victoria (retrieved 29 Jul 2026)
- Owners corporations — Land Use Victoria (retrieved 29 Jul 2026)
- Buying a strata property — NSW Fair Trading (retrieved 12 Aug 2026)
- Buying a body corporate property | Queensland Government — Queensland Government (retrieved 7 Aug 2026)
- Strata Titles | The Law Handbook (SA) — Legal Services Commission of South Australia (retrieved 7 Aug 2026)
- Resources for strata buyers | Landgate — Landgate (WA land titles authority) (retrieved 7 Aug 2026)
- Body Corporate - Strata Schemes | Department of Natural Resources and Environment Tasmania — Department of Natural Resources and Environment Tasmania (retrieved 7 Aug 2026)
- Unit titles | ACT Planning — ACT Planning (City and Environment Directorate) (retrieved 7 Aug 2026)
- Buying a unit in a body corporate | NT.GOV.AU — Northern Territory Government (retrieved 7 Aug 2026)
Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.