← Back Sellers · Units · 10 min read

Exclusive Use Entitlements When Selling a Brisbane Unit: Car Spaces, Storage Cages and Gardens

The car park you use every day, the storage cage in the basement and the garden courtyard out the back are very rarely on your title. They sit on the body corporate's common property under an exclusive use by-law. Here is what that means when you sell.

When a buyer in Brisbane's inner east looks at your unit listing, the things they notice after the bedroom count are usually parking, storage and outdoor space. A two-bedroom apartment with two car spaces, a storage cage and a private courtyard reads very differently from the same floor plan with no parking and a shared bike rack. The dollar gap between those two listings can be $30,000 to $80,000 at typical Bulimba and Hawthorne price points, sometimes more in tightly held buildings where parking is genuinely scarce.

What most sellers do not realise until they read their community management statement carefully is that almost none of those features are actually on their title. The car park, the storage cage and the courtyard are usually part of the body corporate's common property. The lot owner has the right to use them because an exclusive use by-law in the community management statement grants that right to their lot, not to them personally. The distinction sounds technical, but it shapes what you can sell, what you must disclose, and what can go wrong if the paperwork has drifted from reality over the years.

Exclusive use is not the same as lot entitlements

Lot entitlements and exclusive use rights are two of the most commonly confused concepts in Queensland body corporate law, and they do very different jobs. Lot entitlements are numerical values assigned to your lot under Schedule A (contribution schedule) and Schedule B (interest schedule) of the community management statement, and they determine your share of body corporate expenses and your voting weight at general meetings. They do not give you the right to use any particular part of the common property.

Exclusive use rights are separate. They are granted by exclusive use by-laws registered in the same community management statement, and they identify specific portions of the common property that a particular lot has the sole right to use. The car park labelled CP14, the storage cage labelled S22, the courtyard adjoining lot 8: each of those areas is part of the common property, but the by-law gives one named lot the exclusive right to use it. Other owners cannot park in that bay or store items in that cage, even though they collectively own it.

The two concepts can interact. Developers often factor the value of an exclusive use area into the lot entitlement that was set when the scheme was first registered. A lot with two car spaces and a large courtyard typically carries a higher interest entitlement than an otherwise identical lot with one space and no outdoor area, because the developer assessed the lot as having a larger overall stake in the scheme. Once the scheme is registered, that relationship is locked in and the entitlement values do not adjust if exclusive use rights are later moved between lots.

How exclusive use by-laws are granted

An exclusive use by-law can be created in two ways. The most common is at the point the scheme is first registered. The developer records the by-laws in the original community management statement before the first lot is sold, mapping each car park, storage area and outdoor space to a specific lot. Buyers purchase their lot with the exclusive use rights already baked in, and the rights remain in place for the life of the scheme unless deliberately changed.

The second path is for the body corporate to grant or change an exclusive use by-law after the scheme is registered. This requires a resolution without dissent at a general meeting, meaning every lot owner in the scheme must vote in favour or abstain. A single vote against the motion defeats it. The high bar reflects the legal reality that the body corporate is reallocating part of the common property, which all owners collectively own, to the exclusive use of a single lot. Owners who are giving up the right to use an area, even if they never actually used it, are unlikely to consent without negotiation, and some by-law changes also require the affected owners to make a financial contribution to the scheme.

For most sellers in Brisbane's inner east, the exclusive use by-laws that apply to your lot today are the ones that were registered when the scheme was first created. They may date back to the 1990s for older brick walk-ups in Bulimba and Norman Park, or to the post-2010 wave of larger developments along Oxford Street, Hawthorne Road and Riding Road. The longer the scheme has been in place, the more important it is to confirm that what is on the by-law still matches what is happening on the ground.

Common types of exclusive use in Brisbane units

Across the unit and townhouse stock in Brisbane's inner east, six categories of exclusive use area appear regularly in community management statements. Each comes with its own pricing implications and its own potential for surprise during a sale.

Car spaces. The most valuable exclusive use right in most Brisbane unit buildings, and the one buyers ask about first. Allocated car parks are almost always granted as exclusive use over common property bays, with the bay numbers identified on a diagram in the CMS. A second car space adds genuine value, particularly in suburbs like Bulimba, Hawthorne and East Brisbane where on-street parking is restricted by permit zones. Tandem spaces, single spaces and side-by-side double spaces sit at different price points, and the specific allocation matters: a remote bay in a basement corner does not command the same premium as a wide bay near the lift.

Storage cages. Most unit developments since the early 2000s include a storage cage allocation, usually in the basement or on the same level as the car park. These are typically granted as exclusive use over a small portion of common property, identified by cage number. Buyers care about the size, location and security of the cage, and a unit without a storage allocation in a building where every other unit has one is a meaningful negative at appraisal.

Courtyards and gardens. Ground-floor units in townhouse complexes and garden-style apartment blocks often have a private courtyard or garden area that is part of the common property. The exclusive use by-law identifies the boundary, sometimes with reference to a registered survey diagram. Maintenance responsibility typically sits with the lot owner, although the body corporate retains an interest in the area's appearance and may have rules about plantings, structures and external use.

Balconies and terraces on common property. Some apartment buildings, particularly older conversions and certain post-2010 architect-designed developments, have balconies or terraces that legally sit on common property rather than being part of the lot itself. The exclusive use by-law gives the lot owner the right to use the space, but the structure is the body corporate's responsibility from a maintenance perspective, and changes to the balcony surface or balustrade often require body corporate approval.

Rooftop terraces. Penthouse units in newer Brisbane developments frequently include a rooftop terrace under exclusive use. These can be substantial spaces, sometimes 80 to 200 square metres, and they materially affect resale value. Sellers should confirm the exact boundary of the exclusive use area, whether any common services (lift overruns, plant rooms, communal access points) intrude into the space, and what restrictions exist on the use of the terrace.

Roof spaces, attic storage and bike storage. Smaller and less obvious exclusive use allocations exist in many older schemes. A roof void used for ladder storage, a section of attic above a top-floor unit, a labelled bike rack space: any of these can be the subject of an exclusive use by-law, and they are easy to forget when preparing your disclosure.

How to verify what your lot actually has

Before you list your unit, request a current copy of the community management statement from your body corporate manager. The CMS is the master document for your scheme and includes the by-laws, the lot entitlement schedules and any exclusive use diagrams. You should match every area you intend to advertise against an entry in the CMS, and the diagrams are particularly important because car park and storage cage numbers can shift over the life of a scheme if there has been any reorganisation.

Three checks are worth doing in person. Walk down to the basement and confirm the car space and storage cage numbers physically painted or labelled on the structure match the numbers attributed to your lot in the CMS. Walk the boundary of any courtyard or garden area and check the fence line or planting boundary against the diagram. Look at any balcony, terrace or rooftop and confirm the extent of the area you are entitled to use, because boundary lines on older diagrams can be ambiguous.

If anything does not match, raise it with the body corporate manager and your solicitor before the listing goes live. The most common discrepancy is that car parks have been informally swapped between owners over the years, often because two neighbours found one bay easier to access than the other. The swap was never written into the CMS, so the by-law still grants exclusive use of the original bay to the original lot. When the unit is sold, the buyer gets the right to the bay that is actually on the by-law, not the one the seller has been using. If the seller advertises the wrong bay, that is a potential misrepresentation issue and a likely source of dispute at settlement.

The disclosure obligations

Under the Queensland seller disclosure regime that took effect in 2025 under the Property Law Act 2023, the seller must provide a disclosure statement to the buyer before contract. For lots in a community titles scheme, the disclosure statement includes the community management statement and information about any exclusive use by-laws affecting the lot. The CMS is the controlling document, so the by-laws themselves do the work of disclosing the exclusive use rights. The seller's solicitor will check that what is in the CMS matches what is being represented in the marketing and in the contract.

Buyers will almost always order a body corporate records search through a specialist search firm. The search returns the full set of CMS documents, the financial statements, the meeting minutes from the past year or two and any committee resolutions. Exclusive use diagrams and by-laws appear plainly in the records, and a thorough buyer's solicitor will read them to confirm that the unit on offer carries the rights advertised. Any inconsistency between the listing photos, the contract schedule and the by-laws will be flagged before settlement, often as a special condition request or a price negotiation point.

The marketing of the unit also matters. If a listing claims "two car spaces and a large storage cage" but the by-law only grants one car space and no storage allocation, the buyer has a clear basis for terminating the contract or claiming damages. The standard REIQ contract for a lot in a community titles scheme includes a schedule for disclosing the lot entitlements and the by-laws, and the agent's marketing material should be aligned with what the contract describes. A short check by the solicitor at the listing stage is far cheaper than a dispute at settlement.

Maintenance responsibility for exclusive use areas

Maintenance responsibility for an exclusive use area depends on what the by-law says. The default position under the Body Corporate and Community Management Act 1997 (Qld) is that the body corporate remains responsible for the maintenance of common property, including areas subject to exclusive use, unless the by-law specifically transfers that responsibility to the lot owner. Most modern by-laws do transfer some or all of the maintenance to the lot owner, but the scope of that transfer varies widely.

For car spaces and storage cages, by-laws often leave the structure itself (concrete, walls, gates) with the body corporate and place the responsibility for keeping the area clean and safe with the lot owner. For courtyards and gardens, the by-law typically gives the lot owner full responsibility for plantings, lawn maintenance, fences within the area, and any private structures, while the body corporate retains responsibility for fencing on the scheme boundary and any common services that pass through. For balconies and rooftop terraces, the structural elements (waterproofing membrane, balustrades, drainage) usually remain with the body corporate, while the surface treatment (tiles, paving, planter boxes) often shifts to the lot owner.

Buyers ask about maintenance because it affects their cost of ownership. A courtyard with a substantial garden that needs regular professional gardening is more expensive to maintain than a paved area with a single pot plant. A rooftop terrace with timber decking that needs reoiling every two years is more involved than a tiled terrace. Sellers who can answer these questions clearly, including the recent maintenance history and the next likely cost, present a more confident position than sellers who shrug and tell buyers to read the by-laws.

When the exclusive use is informal or undocumented

One of the most awkward situations for a Brisbane unit seller arises when the exclusive use right being marketed is not actually in the by-laws. This happens more often than people expect. A previous owner of your lot may have struck a private arrangement with a neighbour to swap car bays. The body corporate may have allocated a small storage area to your lot in a committee meeting decades ago but never formally registered the change. A courtyard may have been informally extended by adding a planter or low fence that crosses into common property.

In each of these cases, the right is not legally protected. A new owner of the neighbour's lot has no obligation to honour an informal car park swap. A subsequent committee can decide that an informally allocated storage area is needed for common use. An encroachment into common property can be required to be removed at the lot owner's expense.

Before you list, audit any exclusive use feature you intend to advertise against the CMS. Where the CMS does not support what you have been using, you have three options. The first is to apply for the right to be formally added to the by-laws, which requires a resolution without dissent at a general meeting and is usually only feasible where every owner is supportive. The second is to remove the feature before going to market, so the listing accurately reflects what is in the by-laws. The third is to disclose the situation clearly, marketing the actual by-law position and treating the informal arrangement as a "buyer to verify" feature that does not transfer with the lot. The third path is rarely the best commercial outcome, because buyers discount anything they cannot rely on.

How exclusive use shapes value

The market values exclusive use rights differently depending on the type, the scarcity in the building and the suburb. A second car space in a Bulimba apartment building where most lots have only one is materially valuable, often $25,000 to $50,000 at typical price points, because the parking constraint in the surrounding streets makes it genuinely useful. The same second car space in a newer Hamilton development where most lots already have two adds far less, because the buyer pool expects it.

Storage cages are usually a smaller value driver but they remove a friction point. A unit without a cage in a building where every other unit has one will lose some buyers entirely, particularly downsizers who have a lifetime of belongings to consolidate. A larger or better-located cage is a small marketing positive but rarely the deciding factor.

Outdoor exclusive use areas, courtyards, gardens and rooftop terraces, are the highest variance category. A well-designed courtyard that effectively extends the living area can add $50,000 to $150,000 in the inner east, particularly for owner-occupier buyers with children or pets. A poorly-oriented courtyard, overshadowed or exposed to road noise, adds less. A rooftop terrace with views over the river or city skyline is a defining feature in penthouse pricing, and the size of the exclusive use area is one of the first questions sophisticated buyers ask.

Sellers who understand what the building's average lot offers can position their unit accurately. If your unit has more exclusive use area than is typical, the marketing should make that clear. If your unit has less than is typical, you need to be prepared for buyers to use that as a price discount lever and have a defensible response, usually framed around the unit's other strengths.

The practical pre-listing checklist

Before you list a Brisbane unit, work through five steps to ensure your exclusive use rights are accurately represented and ready for buyer scrutiny.

First, request the current community management statement from your body corporate manager and read the exclusive use by-laws affecting your lot. Identify every car space, storage cage, courtyard, balcony, terrace or other area attached to your lot, and note the specific identifying numbers or boundaries.

Second, walk the scheme and confirm that what is in the CMS matches what is in use. Identify any discrepancies, particularly with car space allocations and storage cage numbers, and raise them with the body corporate manager.

Third, confirm the maintenance arrangements for each exclusive use area. Check the by-law for the maintenance allocation and review the body corporate's recent committee minutes and budget for any planned works that affect your exclusive use areas.

Fourth, brief your solicitor on the exclusive use rights so the contract schedule is prepared accurately. The standard REIQ contract for a community titles lot includes a schedule for lot entitlements and by-laws, and the solicitor will draw the relevant information directly from the CMS.

Fifth, brief your agent so the marketing material is consistent with the contract. The car space numbers, the storage cage details and the courtyard or terrace dimensions should appear the same way in the listing, the floor plan, the contract and the disclosure statement. Consistency at this stage avoids buyer questions, solicitor queries and last-minute price negotiations later in the campaign.

A Brisbane unit sale that handles exclusive use rights well looks unremarkable from the outside. The buyer reads the marketing, inspects the unit, walks the car park and storage area, and proceeds to contract with confidence. The disclosure statement, contract and CMS all align. The body corporate records search confirms what was advertised. Settlement happens on time, with the new owner taking the lot, the car space, the storage cage and the courtyard exactly as they were shown. Most of the work to make that happen is done before the agent takes the first listing photo.