Question
Question:
What is the approval process for an owner to install a car stacker? Does the $3,000 limit also include engineering reports, any required council approval, and updates to the title or Community Management Statement (CMS)?
A resident in our building has approval from the body corporate to install a car stacker in one of their car spaces in the underground garage. The body corporate states that, because the total cost is less than $3000, it does not need to go to an EGM.
What does the total cost include? Does it include the engineering report, the cost to purchase and the cost to install?
Does the owner need to register the additional car space with the title? Does it need council approval? Does the CMS need to reflect this? If yes, are these expenses included in the “total cost”?
Answer
Answer:
A prudent owner applying for body corporate approval would include the engineering certification referring to the ‘as built’ plans and specifications of the building.
The purpose of a car stacker is to enable two vehicles to be parked in a spot previously earmarked for only one vehicle.
In a worst-case scenario, that means double the height and double the weight (plus the weight of the stacker).
A prudent owner, applying for body corporate approval, would include engineering certification, including which refers to the ‘as built’ plans and specifications of the building.
If the owner does not provide that information, a responsible body corporate would not grant approval until that information was to hand along with any other relevant materials and/or approvals. For example, will the stacker installation require heavy duty fixings in the concrete slab, which could penetrate the waterproof membrane associated with the slab?
As to the issue of ‘value’ versus ‘cost’, the ‘value’ of an improvement will include the cost to purchase and install the improvement, along with any materials required in the installation process; see for example Milton Gardens [2023] QBCCMCmr 470 and Siena Apartments [2023] QBCCMCmr 210.
Using the same logic, it could be argued that if a council approval or engineering certification was required as part of the installation, arguably, that cost should be added to the ‘value’ of the improvement, provided the improvement could not be made without the approval or certification. This does not appear to have been decided, so adopting the precautionary principle, let’s exclude engineering certification and council approval costs from the $3,000 monetary limit.
As to whether council approval is required, that could be triggered in a number of ways. For example, if there was a departure from a still operative condition of a development approval for the building, which dealt with car parking. Likewise, the installation might trigger a compliance requirement in respect of fire safety. The ‘go to’ expert in these matters is usually a building certifier, who may be able to deal with all the issues. If not, the certifier will usually bring in a town planner or other expert (e.g. fire engineer) as required.
As to whether the owner needs to notify Title Queensland, it would be very unlikely. That is on the basis that the car stacker is being installed into the lot owner’s exclusive use area, and the exclusive use by-law does not already authorise the improvement to be made. That’s the only scenario that ‘fits’ given that (a) the value of a car stacker is (almost always) irrelevant when the car parking space is on the owner’s title and (b) if the car stacker is going on to common property that the lot owner does not have exclusive use of, then a general meeting would still be required because the low owner would need a resolution without dissent to gain exclusive use and enjoyment of that common property.
A final consideration – while the car park in question is within an underground car park, checking the horizontal and vertical boundaries of the exclusive use area is worthwhile. If the car stacker is installed, when it is being used, will the car on the stacker stay within the exclusive use area, or will it be lifted up beyond the limits of the exclusive use area?
This article by Queensland Partner Michael Kleinschmidt first appeared in April 2025 Edition of The QLD Strata Magazine from LookUpStrata Pty Ltd.
© Bugden Allen Group Legal Pty Ltd. This is general information only and not legal advice. You should not rely on this information without seeking legal advice tailored to your specific circumstances.
