A Guide to Strata Property Gardening and Landscaping Rules

In strata-titled properties, gardens and lawns in common spaces are treated like the other shared facilities and fall under specific by-laws for shared outdoor spaces. For strata lots with private outdoor spaces or gardens, the responsibility of upkeep falls to owners or tenants.

As a strata owner or tenant, it is important to know who is responsible for arranging landscaping or garden maintenance services, and what the rules are for those green spaces within your lot boundary.

Who Is Responsible for Gardening and Landscaping in Strata Properties?

Common property gardens

In South Australia, the statutory regulations on strata titles and community titles require strata corporations to maintain all common property, including gardens, lawns, shared courtyards, rooftop terraces, and trees within the confines of the property. 

These regulations are set out in the Strata Titles Act 1988 (s.29) and the Community Titles Act 1996 (s.36). 

The cost of garden maintenance is collectively funded by all lot owners through strata levies. Owners with multiple lots or greater lot entitlements may be required to pay higher levies to cover the cost of garden maintenance. 

In most cases, the body corporate of the strata property will hire external landscaping contractors to handle garden maintenance in shared spaces, whether directly or through body corporate management services. 

Private property gardens 

Garden spaces located within the boundaries of a private lot, such as an outdoor yard or balcony, must be maintained by the lot’s owners or tenants. 

The strata corporation is not responsible for plant maintenance within private properties; any liabilities arising from poor garden maintenance will be borne by the lot’s occupants.

While there is no specific statutory requirement for owners or occupants to properly care for and maintain garden spaces within a lot, the Community Titles Act 1996 allows strata properties to impose by-laws relating to landscaping, the maintenance of private gardens, as well as restrictions on the appearance of lots. 

Common By-Laws For Gardening and Planting 

Each strata community sets its own specific by-laws on garden maintenance in private lots – however, some of the common by-laws typically include:

• A requirement for gardens in private lots visible from common areas or the street to be kept tidy and maintained to an agreed standard. 
• Owners must seek approval from the strata corporation before installing any plant beds, pergolas, or irrigation connections that involve modification to common property structures. 
• Owners and residents must take reasonable action to prevent the growth or spread of weeds and other invasive plant species from spreading from their lot to common property.  

What Types of Planting or Landscaping Are Allowed in Strata Properties?

Plant features that do not typically require approval in strata lots:

• Small pots and planters on balconies 
• Herb gardens in portable containers 
• Existing garden beds within the lot 

Types of garden fixtures that will usually require strata approval include:

• Raised garden beds fixed to the ground 
• Trellises or pergolas attached to external facing walls 
• Automated irrigation tapping a shared supply 
• Removing or substantially pruning trees protected under local council or development plans

What Happens if Strata Gardens Spaces Are Not Maintained?

Strata owners and residents who fail to take proper care or maintain garden spaces within their lot may be subject to fines or penalties in line with the contravened by-laws of the strata title. 

The strata corporation will usually issue a written warning before imposing fines on owners. If you have received a written warning from the strata corporation or the strata management service provider, you will be given time to take action and maintain the garden space to an accepted standard. 

If the situation is reversed and the strata corporation has not taken steps to arrange proper landscaping for gardens in common spaces despite repeated requests, owners can apply to the Magistrates Court if they believe the corporation is failing to maintain common-property gardens as required. 

These situations can be easily avoided when owners, tenants, and the strata corporation clearly understand the responsibilities of carrying out garden maintenance. To make the process easier for strata corporations and ensure a more pleasant living environment for all residents, strata management companies like Strata Data can arrange garden maintenance and landscaping services on behalf of the corporation.