Who is responsible for the garden in a strata scheme?
A plain guide for strata managers, committees and owners on who looks after the garden, and how to check your own scheme.
Short answer
In a NSW strata scheme the owners corporation generally maintains common property, and the NSW Government lists gardens as common property. Owners look after anything inside their own lot. A by-law can change this for a particular area, so the strata plan and by-laws decide who is responsible for any one garden.
Key takeaways
- Gardens are listed as common property, so the owners corporation or strata committee generally repairs and maintains them.
- Owners must repair and maintain anything within their own lot. A garden that is lot property is the owner’s job.
- A by-law can give an owner exclusive access to a garden area, and it must say who maintains that area going forward.
- If it is unclear who is responsible, check the strata plan and the by-laws before anyone books a contractor.
- Disputes can go to a general meeting motion, then free Fair Trading mediation.
- Put the answer in writing in the gardening scope, area by area, so the contractor and the committee agree.
Jump to a section 11
- The short answer for NSW strata schemes
- What counts as common property and what counts as lot property
- When a by-law moves the responsibility to an owner
- How a by-law is changed if it no longer suits the scheme
- Common situations and who looks after the garden
- What to do when it is not clear who is responsible
- If owners and the owners corporation disagree
- How to write garden responsibility into a gardening scope
- What changes the cost of a strata garden contract
- Where we fit for strata and commercial sites
- Common questions
The short answer for NSW strata schemes
The NSW Government’s strata repairs and maintenance guidance splits responsibility into two groups. Common property is looked after by the owners corporation or strata committee. Lot property is looked after by the owner. Gardens are named in the first group, alongside driveways, roofs, pipes, cables and external walls.
The same page describes common property as generally any area used by all residents, or anything of structural importance. A shared lawn, entry planting, a courtyard everyone walks through and the beds along a driveway all fit that description.
That is the default. It is not the whole answer, because a by-law can change who looks after a particular patch of garden. The rest of this guide covers how to tell which case you are in.
The two documents that settle it
If you cannot tell who should maintain a garden, the NSW Government advises checking the strata plan and the by-laws. Do that first, before a quote is requested or an invoice is paid.
What counts as common property and what counts as lot property
Most arguments about gardens come from one assumption: that a garden attached to a unit belongs to that unit. Sometimes it does. Often it is common property that one owner uses every day.
Using the NSW Government’s definitions, here is how the usual garden areas sort out. Treat the right hand column as a starting point and confirm it against your own plan and by-laws.
| Garden area | Usually treated as | Who maintains it by default |
|---|---|---|
| Front lawn, entry planting and driveway beds | Common property | Owners corporation |
| Shared courtyard or communal garden | Common property | Owners corporation |
| Garden beds beside a building wall | Common property, unless the plan or a by-law says otherwise | Owners corporation |
| Courtyard or garden bed used by one unit under a common property by-law | Common property with special rights granted to an owner | Whoever the by-law names |
| Planting inside a lot’s own boundaries | Lot property | The owner |
Why the plan matters more than the fence line
Do not decide it from a fence, a gate or a change in paving. The NSW Government points owners to the strata plan and the by-laws when it is unclear who is responsible, so start there. A courtyard that feels private may turn out to be common property, and a patch that looks shared may sit inside a lot. The by-laws then show whether anyone has been given special rights over the area.
Know which areas are common property?
Send us the site address and the list of garden areas you want maintained, and we will quote against that scope.
When a by-law moves the responsibility to an owner
The NSW Government’s by-laws guidance says by-laws about gardens often include whether they are considered common property and who must maintain them. That is why two schemes on the same street can answer this question differently.
The same page explains how an owner can be given the use of part of the common property, such as a garden bed or exclusive access to an area. A by-law of that kind must also say who will be responsible for maintaining the area going forward.
So there are three situations to separate:
- Plain common property. No special rights have been granted. The owners corporation maintains it.
- Common property with a by-law. One owner has exclusive access or use. The by-law names who maintains the area, and that is who is responsible.
- Lot property. The garden sits inside the lot. The owner maintains it.
A by-law only counts once it is registered
The NSW Government says a changed by-law is not valid or enforceable until it is registered with NSW Land Registry Services, which must happen within six months of the vote. Passing a motion at a meeting is not the end of the process.
How a by-law is changed if it no longer suits the scheme
Schemes change. A courtyard that suited one owner ten years ago may now be unused and overgrown, or the committee may want to bring a bed back under a single gardening contract. The by-law path is the same in both directions.
According to the NSW Government, changing or removing a common property by-law requires a special resolution. A special resolution passes where no more than 25 per cent of the votes are against. Written agreement is also needed from each owner to whom the by-law grants rights or special privileges, and an owner cannot unreasonably refuse consent.
If you are proposing a new by-law, the same guidance says any owner can propose one, submitted as a motion with an explanatory note of up to 300 words to the owners corporation secretary before the notice of the next general meeting is sent. It suggests involving a lawyer if no model by-law fits. We are gardeners, not lawyers, so take the wording of any by-law to one.
Common situations and who looks after the garden
These are the questions we hear most from strata managers and committees. In each case the answer starts with the same two documents.
A lot owner is gardening in the common areas
Owners often take it upon themselves to plant, prune or tidy a shared bed. Whether or not they mean well, the bed is common property unless a by-law says otherwise, which makes it a matter for the owners corporation. Ask the owner to raise it with the committee, and settle in writing who will keep it up if the owners corporation agrees.
A garden bed has gone untouched for months
If the garden is common property, maintaining it is the owners corporation’s job. The NSW Government advises owners who spot a common property problem to tell the building manager, strata manager or strata committee. Send the report in writing with a photo and the location, so it can be tabled and acted on.
A tenant asks who cleans up the courtyard
The NSW Government says tenants should contact their landlord or real estate agent for repairs. The landlord can then check the plan and by-laws and pass the matter to the strata manager if the courtyard is common property.
A commercial or mixed use building
The same split applies to offices, retail and mixed use buildings that are strata titled: common property is maintained by the owners corporation and lot property by the lot owner. The practical difference is usually scale and access, such as podium planting, entry gardens and loading areas, so the scope needs to say clearly which areas the building manager has asked us to look after. If you manage a commercial site, see our page on commercial gardening.
What to do when it is not clear who is responsible
Work through it in order. Each step is cheap, and it is much cheaper than paying for work that turns out to belong to someone else.
- Get the registered strata plan and find the garden area on it.
- Read the by-laws for any mention of that area, a garden bed or exclusive access.
- Check whether the by-law says who maintains the area, and whether it was registered.
- Ask the strata manager to confirm the finding in writing.
- Record the answer, area by area, in the scope given to the gardener.
Keep a one page responsibility list
A simple list of each garden area, who maintains it, and the by-law or plan reference that says so saves the same debate being run again when the committee changes.
If owners and the owners corporation disagree
The NSW Government sets out a path for disputes about repairs. It starts with a motion to discuss the matter at the next general meeting. If that does not settle it, the next step is an application for NSW Fair Trading mediation, which the NSW Government describes as a free service that helps solve disagreements between owners and the owners corporation.
If mediation fails, a formal complaint can be lodged with Fair Trading. The NSW Government notes that for loss caused by delayed common property repairs, action may only be taken within six years of the owner becoming aware of the loss.
For a garden, most disputes never reach that point. A written scope that matches the plan and by-laws removes the usual cause, which is two parties each assuming the other will pay.
How to write garden responsibility into a gardening scope
Once responsibility is settled, a gardener needs it in a form they can price and follow. We suggest a scope that names each area and says who maintains it:
- Included areas. The common property gardens the owners corporation has engaged us to look after, listed by area.
- Excluded areas. Lot property and any area where a by-law makes an owner responsible.
- Shared edges. Beds that meet an owner’s maintained courtyard, with a note on where our work stops.
- Reporting. Who we tell when we find a problem in an area that is not ours.
- Changes. How a new area is added to the scope, and who approves it.
What changes the cost of a strata garden contract
We do not publish prices, because the same description can mean very different jobs from one building to the next. These are the things that move the cost, and several of them depend on the responsibility question above:
- The areas included. Fewer areas in scope means less to maintain, so settle what is common property first.
- Visit frequency. How often each area needs a visit.
- Access. Stairs, narrow side paths, lobby carries and limited parking all add time.
- Green waste. Volume, and whether it leaves the site.
- Irrigation. How many zones need checking.
Where we fit for strata and commercial sites
We have worked across Sydney since 2014, for residential, strata and commercial clients. Our services include garden and lawn maintenance, hedge trimming, turf management, garden fertilising, lawn rejuvenation, garden clean ups and irrigation installation, repair and maintenance.
For a scheme, we start with the scope you give us and the areas you have confirmed as common property, then quote against that. If you want to see how we approach strata gardening, the page covers it. To get a quote, use the quote page or call us on 0405 595 123. We are based at 10/3 Packard Avenue, Castle Hill NSW 2154, and the team named on our site is Ben Warren, Adam and Josh.
Common questions
Who maintains the garden in a strata scheme in NSW?
Generally the owners corporation, because the NSW Government lists gardens as common property and says the owners corporation or strata committee maintains it. Owners maintain anything within their own lot. A by-law can change this for a specific area.
Is a courtyard attached to my unit my responsibility?
Not automatically. It depends on whether the courtyard is lot property or common property, and whether a by-law gives you exclusive use and names you as responsible. Check the strata plan and the by-laws.
Can a lot owner be made responsible for a common property garden?
Yes, through a common property by-law. The NSW Government says such a by-law must say who will be responsible for maintaining the area going forward.
How is a garden by-law changed?
By a special resolution at a general meeting, where no more than 25 per cent of votes are against, plus written agreement from each owner granted rights under it. The change must be registered with NSW Land Registry Services within six months.
What should I do if a common property garden is being neglected?
Tell the strata manager, building manager or committee in writing, with a photo and location. If it is not resolved, raise a motion at a general meeting, then apply for NSW Fair Trading mediation.
Who should a tenant contact about an overgrown courtyard?
The NSW Government says tenants should contact their landlord or real estate agent for repairs. The landlord can then check the plan and by-laws and raise it with the strata manager if needed.
The short version
In NSW, the owners corporation generally maintains common property gardens and owners maintain their own lots. A by-law can change who looks after a specific area, so the strata plan and by-laws decide each case.
- Gardens are listed as common property, so the owners corporation generally maintains them.
- Owners maintain anything inside their own lot.
- A common property by-law must say who maintains the area it covers, and counts only once registered.
- If it is unclear, check the plan and by-laws, then confirm in writing.
- Write responsibility into the gardening scope area by area.
Strata, commercial and home gardens across Sydney
Tell us the site and the areas you want maintained, and we will come back with a quote against that scope.
Castle Hill · 0405 595 123
Sources
- Strata repairs and maintenance, NSW Government
- Strata by-laws, NSW Government
