BALCONY PAINTING PART 2: – WHAT’S ALLOWED INSIDE THE LOT?

Following on from our recent article “Repainting Approval – Colour Changes Explained”, which explored when painting works on a building’s exterior require approval, this Balcony Painting Part 2 article dives deeper into a more nuanced and common question: What are the rules for painting balconies within the boundaries of your lot?

The answer depends on where the boundaries of the lot lie – and that comes down to how your body corporate is subdivided under Queensland strata legislation.

Understanding Lot Boundaries for Balcony Painting – CMS and Survey Plan Clarity

In Queensland, most body corporate properties are either subdivided using a building format plan (BFP) or a standard format plan (SFP). These plan types determine what areas are included within the lot boundary, and therefore what parts a Lot owner can lawfully alter without approval.

• Building Format Plan (common in apartments/high-rises): The lot typically includes everything inside the internal walls, and may also have exclusive use areas like balconies, depending on the survey plan and Community Management Statement (CMS).
• Standard Format Plan (common in townhouses): The lot often includes the building structure and any outdoor spaces such as courtyards, patios, or balconies.

To determine if you require approval to paint your balcony (walls, ceilings, balustrades), you must confirm whether the surface is part of your lot or part of common property.

✅ If it’s part of your lot, you may not need approval depending upon what the by-laws state.
❌ If it’s common property, you will require body corporate approval.

Always check your CMS and Survey Plan before picking up the paintbrush.

Who Is Responsible for Balcony Painting During Building Repaints?

When the body corporate undertakes a building-wide repainting project, a frequent point of confusion arises: Who pays for painting the balcony surfaces that fall within individual lot boundaries?

Balcony Painting Legislative Perspective

Under the Body Corporate and Community Management Act 1997 (BCCM Act) and associated regulation modules:

• The body corporate is responsible for maintaining common property, including external walls and areas shown as common property on the survey plan.
• Lot owners are responsible for maintaining their own lot, which includes any painted surfaces (walls, ceilings, soffits, balustrades) that fall within the lot boundaries.

So, if the balcony wall or ceiling is part of the lot (not common property), then it is the owner cost and responsibility for maintenance of the area, including balcony painting.

🔍 Refer to Section 211 of the Standard Module: An owner must maintain their lot in good condition.

Practical Perspective

From a practical and project management standpoint, it often makes sense for balcony surfaces within lot boundaries to be painted at the same time as the rest of the building for consistency and efficiency.

However:

• The body corporate’s contractor may exclude internal balcony surfaces from their scope if requested by the committee.
• Owners may be invited to opt in, at their own cost, to have their balconies painted by the same contractor.
• In some schemes, the committee may coordinate balcony painting without seeking owners’ consent and therefore costs are paid via levy contributions, improving economies of scale.

• • When lot entitlements are equal, this approach is considered equitable and, in all owners, best interest to reduce additional administration and coordination costs.
  • When lot entitlements are not equal, this approach may also be considered equitable depending upon the materiality of costs variance of lot entitlements compared to balcony areas and administration cost of preparing and administering separate agreements for supply of service and associated invoicing.

This approach of painting all balconies at the same time helps ensure a consistent finish and avoids patchy or mismatched results where common property adjoins private lot property.

What if I want to paint my own balcony and what the Legislation says about approval

The BCCM Act and regulation modules don’t specifically list “painting balconies” as a regulated improvement or maintenance item. Instead, the relevant provisions relate to:

1. Improvements by lot owners to common property – requiring ordinary or special resolution depending on cost and impact (see Section 187 of the Standard Module).
2. Alterations to lot property – which typically don’t require approval unless the changes affect:

1. • Structural integrity of the building;
   • External appearance of the lot; or
   • Other owners’ enjoyment or safety.

This means painting the interior-facing side of a balcony wall that is clearly within your lot boundary likely does not require approval, unless there is:

• a change to the external appearance of the building (e.g., visible from the street),
• a specific by-law regulating paint colours or surfaces, or
• a need to access common property to complete the work.

Role of By-Laws and Colour Consistency

Many Community Management Statements contain by-laws about appearance, particularly maintaining a uniform external colour scheme. Even if the balcony wall is within your lot boundary, if it’s visible from outside, the body corporate can regulate your choice of paint colour.

You may not need approval to repaint with the same colour and finish, but if you’re:

• proposing a different colour,
• using a new material or finish (e.g., gloss instead of matte), or
• painting parts of shared balcony structures (e.g., balustrades),

then you should submit a request to the committee for written approval before you proceed.

Maintenance vs Improvement

There’s also an important distinction between maintenance (e.g., repainting flaking paint) and improvement (e.g., adding murals, patterns, feature walls, or finishes that differ from the original).

• Maintenance within a lot doesn’t typically need approval.
• Improvements that affect external appearance or alter common property require body corporate approval.

Practical Steps for Owners

• Check your plan of subdivision (is it BFP or SFP?).
• Review your CMS and by-laws for any clauses on external appearance or paint colour.
• Clarify boundary ownership – if unsure, get advice from a strata manager or surveyor.
• If repainting with a new colour or design, submit a written request for committee approval before starting.
• Coordinate with the body corporate if building painting works are planned – to save cost and ensure consistent finishes.

Final Word

Balcony painting might seem like a personal choice, but in strata, it’s subject to shared rules and boundaries. Understanding whether the area is within your lot or on common property is crucial – and even if it’s your lot, appearance by-laws can still apply.

If the area is within your lot, it’s your responsibility to maintain — including during building-wide repainting. Collaborating with the body corporate during such projects can help avoid mismatched finishes and ensure cost-effective, compliant outcomes.

Need help interpreting your plan or CMS? Reach out to your strata manager for guidance and ensure you’re painting by the rules – not over them.

Article Contributed by Grant Mifsud, Partner – Archers the Strata Professionals