According to the NSW Government, more than 15% of the population lives in strata-titled properties, and this number is growing every year. With so many people sharing spaces such as hallways, lifts, stairwells, foyers, and driveways, accidents on common property are unfortunately not unusual.
If someone is injured, the key question becomes: who is legally responsible—the owners corporation, the building manager, or a tenant?
The answer depends on the circumstances, the location of the accident, and the duties each party owes under NSW law.
What Is “Common Property”?
Under the Strata Schemes Management Act 2015 (NSW), common property is generally everything in a strata scheme that isn’t part of an individual lot. This usually includes:
- driveways, stairwells, and hallways
- lifts, foyers, and entry areas
- shared gardens, courtyards, and pools
- exterior walls, roofs, and balconies
Responsibility for maintaining and repairing this property usually falls to the owners corporation (previously known as the body corporate).
When the Owners Corporation Is Liable
The owners corporation has a legal duty to maintain and repair common property. If someone is injured because the owners corporation failed to do so, it may be held liable.
Examples include:
- A resident slips on a wet foyer floor with no warning signs.
- A broken stair railing causes a fall.
- Poor lighting in a car park leads to an accident.
In these cases, the injured person could pursue a public liability claim against the owners corporation. This is usually covered by the strata’s compulsory insurance policy.
When the Building Manager May Be Liable
Many strata schemes appoint a building manager or caretaker. Their role is to oversee day-to-day operations, maintenance, and sometimes cleaning. Liability can arise if the building manager fails to carry out those responsibilities with reasonable care.
For example, if the building manager was asked to fix a broken light in the stairwell but failed to do so, and someone tripped as a result, the building manager (or their employer) could share liability with the owners corporation.
In practice, liability often depends on the specific management agreement between the strata and the building manager. Courts will look at whether the manager had actual responsibility for the issue that caused the accident.
When a Tenant May Be Liable
In some cases, liability may rest with an individual tenant (or lot owner). This usually happens when the accident is caused by something the tenant has done—or failed to do—rather than by a defect in the common property itself.
Examples include:
- A tenant leaves personal items (like a bike or box) in a hallway, creating a tripping hazard.
- A resident spills liquid in the foyer and fails to clean it up or report it.
- A balcony pot plant falls and injures someone below.
Here, the injured party may be able to bring a claim against the tenant directly. Depending on the situation, the tenant’s contents or landlord insurance may respond.
Cases of Shared Liability
It’s also common for liability to be shared between the owners corporation, building manager, and/or tenant. For instance, if a tenant spilled something in a hallway and didn’t report it, but the owners corporation also failed to have an adequate cleaning schedule in place, both may be partly responsible.
In these situations, courts or insurers apportion liability based on each party’s degree of fault.
NSW Law and Insurance Requirements
In NSW, the Strata Schemes Management Act 2015 requires every owners corporation to hold public liability insurance of at least $20 million. This is to ensure compensation is available if someone is injured on common property.
However, insurance does not automatically resolve disputes about who is legally at fault. Claims may still involve investigations, negotiations, or even litigation to determine whether liability rests with the owners corporation, the building manager, a tenant, or a combination of them.
What To Do If You’re Injured on Common Property
If you’re injured in a strata property in NSW:
- Report the incident immediately to the owners corporation or building manager.
- Seek medical treatment and keep detailed records of your injuries and expenses.
- Gather evidence, such as photographs of the hazard and witness details.
- Get legal advice from an experienced compensation lawyer in NSW.
The right advice early on will help you identify the correct party to pursue and ensure you don’t miss strict time limits that apply to compensation claims.