You look at a new townhouse in one of Brisbane’s growth corridors, like it, ask the price — and the agent hands you a second piece of paper with a quarterly figure on it for something called a body corporate. If you have only ever bought a freestanding house, this is the part of the transaction with no obvious equivalent.
So what is a body corporate? According to the Queensland Government, it is a legal entity created at the same time as the scheme, and every owner in that scheme automatically becomes a member of it when they buy their lot. It deals with budgets, contributions, insurance, and a set of rules that — in the government’s own description — reach inside your lot as well as across the common property.
This article explains what it is, who decides what, and where people misread it. Everything below comes from the Queensland Government’s body corporate pages, checked on 3 September 2026.
The short answer to what is a body corporate: on the Queensland Government’s pages, it is a legal entity created when land is subdivided and registered under the Land Title Act 1994 to establish a community titles scheme, and all owners in that scheme are automatically members when they buy their lot. Its role is to administer the common property and body corporate assets for the benefit of all owners. Most bodies corporate in Queensland fall under the Body Corporate and Community Management Act 1997, with one of five regulation modules. The scheme’s own rules are called by-laws, and the government lists nine things by-laws cannot do.
What a body corporate is, and when it comes into existence
The Queensland Government defines it directly: a body corporate is a legal entity created when land is subdivided and registered under the Land Title Act 1994 to establish a community titles scheme. The sentence that matters to a buyer follows immediately: all of the owners in a community titles scheme are automatically members of the body corporate when they buy their lot.
As to what it does, the government states the role of a body corporate in Queensland is to administer common property and body corporate assets for the benefit of all of the owners, and to undertake the functions required under body corporate legislation.
Which kinds of property have one? The government lists a community titles scheme as being made up of two or more lots, so it could be a duplex, a residential unit block, a townhouse complex, a high rise accommodation building, a shopping complex or a business park. The detail worth noting is that you cannot tell from the shape of the dwelling alone — you have to look at the scheme’s paperwork.
Lot and common property: the line that decides who fixes what
This pair of terms sits underneath everything else.
A community titles scheme lets you privately own an area of land or part of a building, while sharing common property and facilities with other owners and occupiers. The part you buy is the lot. The internal roads, visitor parking, pool, corridors and the like are common property.
On responsibility, the government states that as a lot owner you are responsible for keeping your lot in good condition, and may be responsible for maintaining part of the common property that you have exclusive use of. That second half is the part people skip: a courtyard or a car space granted for your exclusive use is still common property, but the maintenance can land with you.
The community management statement: the scheme’s founding document
If you only read one document before buying, this is the one the government points you to.
A community titles scheme has a community management statement (CMS) registered with Titles Queensland, and that document tells you which rules apply. The government also states that the scheme’s lot entitlement schedules are recorded in the community management statement, and that lot entitlements set out each owner’s body corporate costs and voting rights, their share of common property and other assets, and the lot value used for calculating government rates and other charges.
What that means for you: the figure you will be contributing sits in a document you can ask to see before you sign, rather than being something negotiated at the point of sale. Lot entitlements are set by the original owner — the developer — when the scheme is established.
Five regulation modules, and why they change the rules
Most bodies corporate are a community titles scheme registered under the Body Corporate and Community Management Act 1997. As well as the Act there are regulation modules setting out more detailed laws a body corporate must follow, and there are five of them in Queensland. The government describes each as follows:
- Standard Module — highly regulated, suitable for all schemes but especially where most owners live in their own lots
- Accommodation Module — less regulated, suitable for schemes where most owners let their lots
- Commercial Module — some regulation, suitable for commercial premises
- Small Schemes Module — some regulation, for schemes with 6 lots or less
- Specified Two-lot Schemes Module — less regulation, for schemes with 2 residential lots
To find out whether your scheme is registered under the BCCM Act, and which regulation module applies, the government directs you to get a copy of the community management statement from Titles Queensland. Schemes without a registered CMS do not fall under the same rules — there are other Acts that apply to some bodies corporate instead.
In other words: do not assume your scheme runs the same way as a friend’s.
Who decides what
There are several groups involved, and the boundaries between their powers are worth knowing before you buy.
The owners as a whole decide the big items at general meetings. The body corporate elects a committee, made up of lot owners or their representatives, which handles the administrative and day-to-day running of the body corporate, makes decisions on its behalf, and puts the body corporate’s lawful decisions into effect.
But the committee is not all-powerful. The government states the committee cannot make decisions about:
- setting or changing a body corporate levy
- changing the rights, privileges or obligations of lot owners
- decisions that must be made by ordinary resolution, special resolution, resolution without dissent, or majority resolution
- starting a legal proceeding, unless it is to recover a liquidated debt against the owner of a lot
The first line is the one to remember: on the government’s own description, levies are not set by the committee.
A body corporate may also engage a body corporate manager, and may authorise that manager to carry out some or all of the powers of the committee. Where a body corporate engages a body corporate manager or a caretaking service contractor, they are automatically non-voting members of the committee.
The annual general meeting: once a year, four groups of decisions
Your body corporate must hold an annual general meeting (AGM) each year. At the AGM it decides matters such as annual budgets, annual contributions, insurance, and the election of the committee.
On timing, the government states the AGM must take place within 3 months of the end of the body corporate’s financial year, and at least 21 days after notice of the meeting is given to lot owners. The secretary must also write to all lot owners 3 to 6 weeks before the end of that financial year, inviting motions for the AGM and asking for committee nominations.
There is a small trap here for anyone used to the Australian tax year running 1 July to 30 June: a body corporate’s financial year is not necessarily the same. Which means that if you want to know when the AGM falls, you have to ask.
By-laws, and the nine things they cannot do
The government describes by-laws as a set of rules a body corporate makes to control and manage the common property, body corporate assets, the services and facilities the body corporate provides, and the use of lots.
But by-laws have limits. A body corporate can only make a by-law on a matter allowed under the BCCM Act, and the government lists that by-laws cannot:
- be inconsistent with the Act or any other legislation
- stop or restrict a sale, lease, transfer, mortgage or other dealing with a lot
- discriminate between types of occupiers
- be unreasonable, when the interests of all owners and occupiers in the scheme and the use of the common property are considered
- restrict the type of residential use of a residential lot
- impose a monetary liability on an owner or occupier (except in an exclusive use by-law)
- stop an owner or occupier from installing solar hot water or solar power on their lot because it affects the look of the building
- stop a person with a disability from having a guide, hearing or assistance dog on the scheme
- restrict or prohibit smoking in an enclosed part of the lot
If a by-law does not comply with the legislation, it may be invalid. Where an adjudicator decides a by-law is invalid, they may require the body corporate to record a new community management statement.
Pets: the answer has two halves
This gets its own section because the answer comes in two parts, and dropping the second part means misreading it.
First half: the government states that some schemes have by-laws that do not allow animals at all, and others prohibit animals of a particular breed or weight — these are called prohibitive by-laws — and that the legislation states prohibitive by-laws are invalid. It also notes some by-laws, such as prohibitive animal by-laws, may be invalid even if they are included in your CMS.
Second half, and do not skip it: the government then states that if your body corporate has this type of by-law, the committee cannot approve an animal that the by-law prohibits.
Those are two statements from the same source, set side by side. This article does not draw a conclusion about what follows from them in practice, because that is a question for someone qualified to advise on the individual scheme’s documents.
Two situations are clearer. Where a scheme has a permissive by-law — allowing an animal if the body corporate approves it first — you make the request in writing. And where there is no specific by-law about animals in the scheme, you do not need approval to keep an animal in your lot, though the body corporate’s other by-laws, on noise for example, still apply.
Where disputes go
If you have a dispute with the body corporate, with the committee, or with another owner or occupier, the government’s position is that you must try to resolve it with the other party first, before taking any other dispute resolution step.
If self-resolution does not work, there are formal channels through the BCCM office. For information, you can submit an enquiry or phone the information service on 1800 060 119, which the government notes is a freecall number.
And one sentence from the government sets the limit of every information source, including this article: they cannot give legal advice or rulings — they can only give general information on body corporate legislation.
Body corporate at a glance
| Term | What to remember, per the source |
|---|---|
| Body corporate | Created when land is subdivided and registered under the Land Title Act 1994 to establish a community titles scheme |
| Community titles scheme | Made up of 2 or more lots; has a CMS registered with Titles Queensland |
| Lot | The part you own; the owner is responsible for keeping it in good condition |
| Common property | Shared; where you have exclusive use of part of it, maintenance can fall to you |
| Community management statement | Tells you which rules apply, and holds the lot entitlement schedules |
| BCCM Act 1997 | Applies to most bodies corporate in Queensland |
| Regulation module | Five of them; find yours in the CMS from Titles Queensland |
| By-laws | The scheme’s own rules; nine things they cannot do |
| Committee | Runs day-to-day matters; cannot set or change a levy |
| Annual general meeting | Once a year, within 3 months of the end of the body corporate’s financial year and at least 21 days after notice |
Frequently asked questions
What is a body corporate?
On the Queensland Government’s pages, a body corporate is a legal entity created when land is subdivided and registered under the Land Title Act 1994 to establish a community titles scheme. All owners in that scheme are automatically members when they buy their lot, and the body corporate’s role is to administer the common property and body corporate assets for the benefit of all owners.
Can a freestanding house be in a body corporate?
It can. A community titles scheme is made up of two or more lots and can take several forms, so this is not something you can infer from the shape of the dwelling — check the scheme’s paperwork.
What is a regulation module and where do I find mine?
As well as the BCCM Act 1997 there are regulation modules setting out more detailed rules a body corporate must follow, and there are five in Queensland. To find out which one applies to your scheme, get a copy of the community management statement from Titles Queensland.
Can by-laws ban pets?
The government states that by-laws banning animals outright, or by breed or weight, are called prohibitive by-laws and that the legislation states prohibitive by-laws are invalid. It then states that if your body corporate has this type of by-law, the committee cannot approve an animal the by-law prohibits. Those are two statements from the same source; how they apply to a particular scheme is a question for a solicitor.
Can the committee raise the levies on its own?
The government states the committee cannot make decisions about setting or changing a body corporate levy. Annual contributions are among the matters decided at the annual general meeting.
How often does a body corporate meet?
It must hold an annual general meeting each year, within 3 months of the end of the body corporate’s financial year and at least 21 days after notice is given to lot owners. Note that a body corporate’s financial year is not necessarily the 1 July to 30 June tax year.
Next steps
If you are looking at a specific property, the sensible order is to read the scheme’s community management statement, then work through the transaction itself — the state charges are set out in our guide to transfer duty in Queensland.
If you are looking at a new build in a growth estate, house and land packages in Brisbane explains the two-contract structure, and the current Brisbane projects show what is available. To go through a specific scheme’s paperwork with someone, book a consultation.
About Nextstar Realty
Nextstar Realty (Nextstar Investment Group Pty Ltd) is a licensed real estate agency in Queensland, based in Rocklea, Brisbane. It sells new-build homes in Brisbane, Queensland, including house and land packages, townhouses and new apartments, and works with buyers in Vietnamese and English. Articles on this blog are general information and cite government sources. Nextstar does not provide legal, financial or tax advice. You can see the projects currently for sale or book a consultation.
Sources
- Queensland Government — Body corporate and community management
- Queensland Government — Role of the body corporate
- Queensland Government — About regulation modules
- Queensland Government — Making by-laws
- Queensland Government — Animal by-laws
- Queensland Government — Role of the committee
- Queensland Government — Holding an annual general meeting
- Queensland Government — About lot entitlements
- Queensland Government — Self resolution for disputes
- Body Corporate and Community Management Act 1997 (Qld)
- Queensland Government — Legislation and bccm — buying into
Note on scope and timing: the rules in this article were checked against the Queensland Government’s body corporate pages on 3 September 2026. What applies depends on the regulation module and the by-laws of the individual scheme, so before applying any of it to a particular property, read that scheme’s community management statement or call the BCCM information service on 1800 060 119. Nextstar Realty does not provide legal services or tax agent services, and this article does not reach a conclusion about any particular scheme or dispute. Reading and interpreting a CMS, by-laws or a contract of sale should be done by a solicitor or an appropriate legal professional, within the scope of their registration.
This article is general information only and does not take into account your personal circumstances, financial situation or objectives. It is not legal, financial or taxation advice. You should obtain independent professional advice before making any property decision.
