Townhouse schemes almost always have a driveway running through them. Whether it's the owners corporation's responsibility or an individual owner's comes down to one thing — what the strata plan shows. Most shared driveways are common property. Individual driveways inside a lot can be either way. Apartment buildings rarely deal with this issue at all.

What we're talking about

In a townhouse scheme, the driveway question usually covers:

Typical position

In most NSW townhouse schemes:

Usually OC

  • The main shared driveway through the scheme
  • Visitor parking areas
  • Common paths between buildings
  • Common gardens beside driveways
  • Drainage in the common driveway
  • Driveway lighting on common property

Usually owner

  • Hardstand or driveway shown as inside the lot
  • Damage caused by the owner's vehicle (oil leaks, gouges)
  • Path from your front gate to your front door (if in the lot)
  • Anything you've added without approval

Often grey

  • Individual driveways shown as exclusive use common property
  • Tree root damage to common driveways
  • Surface cracking — wear vs poor original construction
  • Concrete cancer or structural failure
  • The kerb crossover (council vs OC)

⚠ Townhouses are very different from apartments

Apartment buildings often have a basement carpark with a single entry — different rules, different concerns, mostly common property. Townhouses are completely different. The shared driveway is the spine of the scheme. It might be 50 metres long, serve all lots, and cost tens of thousands to repair when the time comes.

Whether your individual driveway is part of the lot or part of the common driveway depends on the registered strata plan. Look for the lot boundary lines — if your driveway sits inside the line, it's lot property. If it's outside, it's common property (and possibly exclusive use).

Grey areas and common disputes

Exclusive use driveways

Some townhouse schemes show individual driveways as common property but grant the lot owner exclusive use under a by-law. This is similar to courtyards — the OC technically owns it, but the lot owner has sole use and (usually) maintenance obligations under the by-law. If you can't find the by-law, ask the strata manager. Without one, the maintenance position is unclear.

Cracking and surface repairs

Common driveway cracking is the OC's responsibility — until you start asking what caused it. Tree roots from a common-property tree, fair wear and tear, vehicle damage and original construction defects all sit in different places. For the OC, the practical answer is usually:

Tree roots

Tree roots are a common cause of driveway damage in older townhouse schemes. If the tree is on common property, the OC is generally responsible for the consequences (including root damage to the driveway and even to lot pipes — see Gardens & trees). If the tree is on lot property, the lot owner may be responsible for the damage their tree causes.

The crossover from the street

The crossover (the bit of driveway between the kerb and your property line) is owned by the council in most NSW areas. The owners corporation is usually responsible for maintaining it under council rules, but if the council damages it during roadworks, that's a council issue. If a contractor damages it, the contractor's insurance covers it.

Resurfacing vs full replacement

Driveway resurfacing is a major capital works item for a small townhouse scheme. A 50-metre concrete driveway can easily run to $40,000+ to fully replace. This should sit in your 10-year capital works plan — and committees should be planning for it rather than waiting for it to fail. Patching can extend life, but at some point full replacement is the cheaper long-term call.

Look at the strata plan first

The strata plan will show you whether your individual driveway is part of your lot, part of common property, or exclusive use common property. Each of these has different maintenance implications. If you can't read the plan easily, ask the strata manager — that's part of what we do.

Practical next steps

  1. Identify what kind of driveway issue it is — common driveway, your individual driveway, or the crossover from the street.
  2. Check the strata plan for the lot boundary. Your strata manager can mark it up.
  3. Photograph the damage — surface, surrounding area, anything that might be a cause (tree roots, drainage, vehicle marks).
  4. Report it in writing to your strata manager for anything affecting common driveways.
  5. For minor surface repairs in your lot, that's usually on you. For structural failure, get advice before assuming.
  6. For major works, the OC should get a proper assessment and quotes before committing — driveway works are expensive and rarely urgent.

Sources

Strata Schemes Management Act 2015 (NSW), s4 (definition of common property), s106 (strict duty to repair and maintain common property), s142 (exclusive use by-laws over common property).

Seiwa Pty Ltd v The Owners — Strata Plan No 35042 [2006] NSWSC 1157 — strict duty principle applies to common driveways and paths.

NSW Fair Trading — Strata living and dispute resolution guidance.

This isn't legal advice. Driveway arrangements vary widely between townhouse schemes. A copy of the registered strata plan, and any exclusive-use by-laws, settles most questions. For structural damage and major repair decisions, get proper expert input before money is committed.
AH
Alan Hunter
Licensee in Charge, Townhouse Strata · Class 1 Strata Manager