Carparks? Storage Cages? Why the Plan of Subdivision Matters

Know What You Own

Why the Plan of Subdivision Matters

It is an easy assumption to make: if you live in Apartment 12, surely Car Park 12 and Storage Cage 12 belong to you too.

But in strata and owners corporation developments, that assumption can be wrong.

A recent situation highlighted the issue. An owner had been using a storage cage in a basement garage that was not actually allocated to their lot. The cage belonged to another lot. A managing agent acting for that other lot later allegedly disposed of belongings stored inside it.

Whilst the disposal of another person’s belongings without following an appropriate process is not acceptable, the incident illustrates a broader and very practical lesson for apartment owners, investors, tenants and property managers: know what belongs to your lot, and do not rely on numbering, labelling or long-standing use as proof of ownership.

The plan matters more than the label

In an owners corporation development, the legal configuration of the property is established by the registered plan of subdivision.

The plan identifies the land that forms individual lots and distinguishes it from common property. Depending on the development, an apartment, car park and storage cage may form part of the same lot, may be separately identified, or may be configured in another way altogether.

The key point is simple: physical numbering does not determine ownership.

A storage cage marked “12” does not automatically belong to Apartment 12.

A car space marked “24” does not necessarily belong to the owner of Apartment 24.

The registered plan and title documentation determine the legal position, not the number painted on a wall, bollard, cage or concrete floor.

Owners should therefore understand the plan of subdivision for their property and ensure they can correctly identify any car parks, storage cages or other ancillary areas that form part of their lot or title.

If there is any doubt, it should be clarified before the space is occupied.

Why apartment, car park and storage numbers do not always match

There is a natural tendency to expect everything within a development to be sequential.

• Apartment 1.
• Car Park 1.
• Storage Cage 1.

It feels logical, right? But developments are rarely created according to such a neat numbering system.

Car parking may have been designed and allocated separately from the apartments. Storage areas may have been configured at another stage. Some apartments may have two car spaces while others have none. Some may have a storage cage and others may not.

Changes during development, subdivision, construction or sales can also result in numbering systems that do not align.

There may also be practical reasons for deliberately avoiding a direct correlation between apartment, car park and storage numbers.

Security is one example. If Apartment 37, Car Park 37 and Storage Cage 37 are obviously connected, an empty car space may unintentionally reveal information about whether an apartment is occupied. Separating numbering systems can make those relationships less obvious.

Whatever the reason, a numbering system that appears counterintuitive is not necessarily incorrect.

The mistake is assuming that because a number looks as though it should correspond with your apartment, it does.

Long-standing use does not necessarily mean ownership

Another common issue is what might be called legacy behaviour.

An owner purchases an apartment and is told by the previous owner, selling agent or another party: “That’s your storage cage.”

Nobody checks the plan.

Years later, the apartment is leased and the owner gives the same information to their property manager. The property manager gives it to the tenant. The tenant changes. A new property manager takes over. Another tenant moves in.

Before long, everybody may be completely confident that a particular storage cage or parking space belongs to that apartment.

But if the original information was wrong, repeating it for ten or fifteen years does not make it right.

The same issue can arise when signs are replaced, markings become faded, storage areas are altered, parking spaces are internally renumbered or informal arrangements between previous owners are forgotten.

That is why historical use should never be treated as a substitute for checking the registered documents.

“We have always used it” is not, by itself, proof that it belongs to the lot.

Owners and property managers should keep allocations accurate

The issue is particularly important for investment properties.

A residential property manager can only give a tenant accurate information if the information they have been given is accurate in the first place.

Owners should ensure their property manager has a clear and current record of:

• the correct car space or spaces associated with the property;
• the correct storage cage or storage area;
• any relevant access arrangements; and
• any other separately allocated property associated with the apartment.

Where there is uncertainty, the plan of subdivision and title documentation should be checked before information is passed to a tenant.

It is also good practice to review these details whenever there is a change of tenant, property manager or ownership.

That simple check can prevent an incorrect assumption from becoming an entrenched practice.

Not every issue in a shared building is a strata issue

This distinction is particularly important.

Just because something happens in a basement garage, storage area or other part of an apartment development does not automatically make it an owners corporation or strata management matter.

Where a storage cage, car space or other ancillary area forms part of a privately owned lot, its use is fundamentally a private property issue.

It is not the role of the strata manager to monitor which private storage cage or car park every owner or tenant is using, nor to maintain records of private allocations on behalf of individual owners.

If an owner occupies a storage cage that belongs to another lot, the underlying issue is between the relevant private lot interests.

The strata manager’s role relates to the administration of the owners corporation and common property. Private lot ownership and occupation are separate matters.

This is why understanding the plan of subdivision is so important.

The physical location of an area within a building does not determine whether it is common property. The plan does.

Prevention is easier than resolving the dispute

The best lesson from situations like this is prevention.

• Owners should know what they own.
• Tenants should be told accurately what they are entitled to use.
• Property managers should record and verify the correct parking and storage allocations for their landlord clients.

If your apartment is Lot 18, do not assume Storage Cage 18 belongs to you.

If a storage cage has been described as “yours” for years, that history alone is not a substitute for checking the registered documents.

If you purchase an apartment and are shown a particular car park or storage cage, make sure the legal documentation supports that representation.

And if your property is leased, ensure your property manager is not simply passing an inherited assumption from one tenant to the next.

Incorrect occupation can continue unnoticed for years.

A new owner may inherit the practices of the previous owner. A tenant may be told to use the same space as the former tenant. A property manager may inherit an old file containing incorrect information.

Unless somebody checks the plan, an assumption can quietly become accepted as fact.

Using the wrong space does not make possessions disposable

It is also important to understand that different legal and procedural requirements may apply depending on the circumstances, including where the goods are located, how they came to be there and whether the relevant area is private property or common property.

Before removing, relocating, storing or disposing of another person’s possessions, lot owners and managing agents should understand the appropriate process and, where the position is uncertain, obtain advice before acting.

Incorrect occupation of property does not remove the obligation to deal with another person’s belongings lawfully, reasonably and with appropriate care.

A five-minute check can prevent a very expensive dispute

Car spaces and storage cages can appear to be relatively minor aspects of apartment ownership.

But when ownership is misunderstood, disputes can become costly, time-consuming and contentious.

The practical solution begins with one simple principle:

Do not rely on labels. Rely on the plan.

A number painted on concrete, attached to a cage, or displayed on a bollard is an administrative identifier. It is not proof of title.

Owners should review their plan of subdivision and property documentation, identify the precise car parks, storage areas and other ancillary property associated with their lot, and ensure those details are accurately communicated to tenants and property managers.

Where incorrect occupation is discovered, it should be corrected promptly and professionally.

Where another person’s belongings are involved, those belongings should also be treated appropriately and the correct process followed.

Neither issue excuses the other.

An owner should not occupy property that has not been allocated to their lot simply because the numbering appears logical or because that space has historically been used by previous occupants.

Equally, an agent dealing with goods left in the wrong area should not assume that incorrect occupation gives them an unrestricted right to dispose of another person’s possessions.

The broader lesson is one of clarity and responsibility.

Know what belongs to your lot. Know what does not.

Make sure your tenants and your property managers have the correct information.

And where there is uncertainty, check the plan before acting.

Understanding the plan of subdivision is not just an administrative exercise. It is one of the simplest and most effective ways to avoid disputes, protect property rights and ensure everyone in a development understands where their responsibilities begin and end.

This article provides general information about owners corporations and property management in Victoria and is not legal advice. The appropriate process for dealing with goods or determining property rights will depend on the circumstances of each matter.