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Commissioners Corner – Parking in Strata (QLD)

Anyone who has ever sat fuming in a traffic jam or circled a shopping centre car park waiting for a parking opportunity would appreciate the frustrations that car parking can bring.

Needless to say, the issue of parking and vehicles more generally on a community titles scheme is one that we regularly encounter at the Commissioner’s Office, either as an enquiry or as the basis for a dispute resolution application.

The issue of visitor parking or common property parking is one that may be regulated by the body corporate.

In the first instance, when wanting to determine how parking areas are defined, the body corporate should refer to the registered plan for the scheme.

Similarly, the body corporate should also consider making enquiries to the local government authority regarding any regulation that may apply (for example, whether there is a minimum number of spaces required for the number of lots in the scheme).

In general, common property parking areas can be used by owners or occupiers subject to compliance with any by-laws.

The legislative by-laws contained in Schedule 4 of the Body Corporate and Community Management Act 1997 provide:

2 Vehicles

(1) The occupier of a lot must not—

(a) park a vehicle, or allow a vehicle to stand, in a regulated parking area; or

(b) without the approval of the body corporate, park a vehicle, or allow a vehicle to stand, on any other part of the common property; or

(c) permit an invitee to park a vehicle, or allow a vehicle to stand, on the common property, other than in a regulated parking area.

(2) An approval under subsection (1)(b) must state the period for which it is given.

(3) The body corporate may cancel the approval by giving 7 days written notice to the occupier.

(4) In this section—

“regulated parking area” means an area of scheme land designated as being available for use, by invitees of occupiers of lots included in the scheme, for parking vehicles.

Visitor parking spaces are usually a requirement of the local government for the registration of a community titles scheme, and remain a continuing requirement of the scheme.

In other words, even if the body corporate resolved to allocate these spaces for resident parking, or some other purpose, it is not able to do so.

Signage can play an important role in ensuring everyone is aware of the location of visitors’ parking and even the allocated spaces for each lot.

An on-site manager, when letting out lots either for the short or long term, should make the tenant well aware of which parks they can and cannot use.

In particular, the on-site manager should consider letting their tenants know that they are restricted to one or two parks depending on the scheme and all other vehicles must use street parking.

This will assist in ensuring compliance with parking by-laws and limit some of the on-going disputes we hear about this issue.

If owners or occupiers are using designated visitor parking areas and the committee is not willing to act regarding this matter, then it is best to take the formal route and issue a BCCM Form 1 notice to the body corporate.

This can be done by the on-site manager, an owner or another occupier.

The on-site manager does not have the ability to issue contravention notices without a decision of the committee but may assist in limiting the need to the formal route by keeping their tenants well-informed.

It’s worth remembering that the body corporate must act reasonably in anything it does, which includes responding to issues (or perceived issues) about parking.

Moreover, as is the case in virtually all body corporate-related disputes, communication clearly (and early) is the key – if everyone knows up front where they can and cannot park, disputes might be avoided.

There have been many adjudicators’ orders issued regarding parking, which can be found at

For further information and for general queries about the body corporate legislation please contact our Information Service on Freecall 1800 060 119, email or visit our website

This article was contributed by Chris Irons, Commissioner for Body Corporate and Community Management.

Leave a Reply

  1. Paul

    Could someone please define the formal legal definition of the term “visitors parking”. Thank you

  2. Chris Irons, Commissioner

    Hello Paul and thanks for your query. I suggest contacting the Information Service of my Office on 1800 060 119 to get some further information about this matter.

    1. John

      There are cars parking in common areas in my townhouse complex and I have spoken with body corporate several times and there is not any answer/solution.
      I was driving home last night and was turning right and I almost crash my car with another car parked in an illegal site. What do I need to do with this?

      1. Chris Irons, Commissioner

        Hello John and thanks for your enquiry. I recommend you contact the Information and Community Engagement team in my Office for information about your options. They can be reached on 1800 060 119 or via the website.

  3. Harry Roberts

    What legal right has a Body Corporate have in enforcing “no parking rules” within the complex
    driveways being blocked along with vehicles being parked on lawns despite signs stating no parking.

    1. Chris Irons, Commissioner

      Hello Harry and thanks for your query. I would recommend you contact the Information Service of my Office for some further information about this matter, on 1800 060 119.

  4. Annemieke Holmes

    Can a request be made to the Body Corporate to allow owners to park on common property if it does not impede on other owners. If enough owners vote to allow this, can this be implemented. We only have 12 owners and as I know, several people would like to park on parts of the common property which does not affect the flow of traffic or stop any traffic to the units. Is a special meetin and notion required for this. Many thanks for your comments.

    1. Chris Irons, Commissioner

      Hello Annemieke and thanks for your query. I would recommend that you contact the Information Service of my Office on 1800 060 119 or at the website, to get further information about the query.

  5. Scott

    Hi Chris, our daughters have just received their licences and therefore we now have 4 vehicles. Our property only has a 2 car garage and there is only visitor parking available at Emerald Lakes outside of our 2 car garage. Are owners allowed permits under a body corporate to park within a reasonable distance to their house. At the moment the nearest parking off body corporate controlled area is kilometres away and we have been threatened with our daughters vehicles being towed.


    1. Esther Blest A/Commissioner for Body Corporate and Community Management

      Hi Scott, thanks for your enquiry. I apologise for the delay in my response. You can obtain information about an owners rights and responsibilities with regards to parking on the common property from the Information and Community Education Unit from my Office. They can be contacted on 1800 060 119.

  6. Paul ridden

    All the awnseres and just the same call the body corporste office give proper awnseres. Qld body corporste commission so we can be informed with out calling your office and wasting our and your time holding up the line !!!!!!!

    1. Esther Blest A/Commissioner for Body Corporate and Community Management

      Thanks for your comment Paul. All body corporate situations are different, which is why I always recommend people contact my Office either online or by phone, to get information specific to them.

  7. Annie Barker

    We have a entire resident family who have taken over our visitors car park.. any attempt to approach them politely, causes them to add yet another, car! What can we do?

    1. Chris Irons, Commissioner

      Thanks for your query Annie, I recommend calling our Information and Community Engagement Unit on 1800 060 119 to discuss the situation and what options might be available.

  8. Pierina Ceola

    Mu daughter and her partner live in an apartment owned by me. The property has only 1 car park assigned to us. There have been occassions where when they come home late from work, that there is no street parking anywhere close so they have used the visitor parking as a last resort. My daughters partner leaves for work at 4am so then the vehicle is gone. I am having issues with the Body Corp manager who has threatened to have the vehicle towed and has accused them of being parked at times when they are at work. How do I deal with this?

  9. Jane Wilson, Acting Commissioner

    Hi Pierina,

    Firstly, apologies for the delay in responding to your query. I recommend contacting our Information and Community Education Unit on 1800 060 119. They will be able to explain you and your daughter’s rights and obligations when parking on scheme land. Adjudicator’s orders have also dealt with disputes about parking in designated visitor car parks and my information unit can expand on that information also.

    Thank you

  10. Vanessa

    Hi there, we recently moved into a body corporate that has very minimal parking. Everyone seems to park on common property but the road way is tight and the neighbours complain if we park our car out the front of our property. Our property has a large section , enough for 2 cars to park. They have marked the road in front of our unit with ‘KEEP CLEAR”. I have checked the minutes from the construction of the body corporate and there is nothing that has been put in writing in relation to this, Is there is any legislation that may help in our argument to get this sign on the road removed. it is unwelcome, unpleasant in appearance and will effect our property price. Thank you

  11. Manish Sharma

    Hi there, travelled to Gold Coast and stayed at a hotel/ mixed residential place with car parking facility. A chunk of cement falls on the car from the roof and damaged the paint work. Reported straight to the front desk about the incident but got told nothing to do with them. Got told have to let the caretakers know which I did. Emailed body corporate and explained about the incident. Provided them with a quote if I have any. Now they came with an answer that there was a sign stating no responsibility will be taken for any damage. I do not understand why no responsibility when the damage occurred due to the structural damage.