Is a body corporate compulsory in Victoria?

Where the registered plan of subdivision contains common property, an owners corporation is created automatically, and every lot owner becomes a member. Where the plan has no common property, there is none. Victoria's term is owners corporation, and the Queensland term body corporate does not apply.

Is a duplex part of a body corporate or strata scheme?

It can be. The Queensland Government lists a duplex as a possible body corporate property, and the NSW Government says many duplexes are strata. In Victoria a two-lot subdivision with common property has an owners corporation. If each half is on its own freehold title with nothing shared, there is none.

Do all Queensland townhouses have a body corporate?

No. A Queensland townhouse has one only if its lot is part of a community titles scheme. The community management statement and survey plan show this, and Titles Queensland can confirm it.

Can I opt out of the body corporate?

No. In Queensland the government says buying a lot makes you a member automatically and you cannot opt out. In Victoria the lot owners become the owners corporation's members when the plan is registered.

Do townhouses have strata or a body corporate?

Not every townhouse has one. A townhouse is part of an owners corporation, body corporate or strata scheme only if its title shares common property with other lots, such as a driveway or garden. A townhouse on its own freehold title with nothing shared has none. The test is the title and the registered plan, not the building style. This page reflects state government sources as at October 2026.

In Victoria an owners corporation is created automatically when a registered plan of subdivision contains common property. If the plan has no common property, there is none.

Checked October 2026. Rules, rates and prices change, so confirm anything that matters with the source linked below.

The test: does the plan include common property?

Every state described below uses the same idea. Lots are owned individually and any shared land belongs to, or is managed by, a body made up of the lot owners. Without shared land there is usually nothing for that body to run.

Victoria. Consumer Affairs Victoria (CAV) says an owners corporation is created automatically when a plan of subdivision containing common property is registered at Land Use Victoria, and the owners of lots in the scheme become members automatically.
Queensland. A community titles scheme has at least two lots, common property, a single body corporate and a single community management statement. The Queensland Government says a body corporate property could be a duplex, a unit block, a shopping complex, or a larger plan that includes townhouses and freestanding houses. A townhouse complex where each lot has a building and a yard is its example of a standard format plan. Buying a lot makes you a member automatically, and you cannot opt out.
New South Wales. The NSW Government says strata covers apartments, townhouses, villas and many duplexes. Some townhouse estates are instead neighbourhood schemes under community land law, which the NSW Government describes as like strata schemes but typically made up of freestanding houses or townhouses.
South Australia. The SA Government says land divided into at least two lots and an area of common property is a community plan. Strata title also exists, and it says strata usually relates to townhouses, units and commercial properties.
Western Australia. Landgate has separate strata and community titles sections, and Western Australia's community titles schemes are managed by community corporations.

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What each state calls the group

State	Common name for the owners' group	Main title systems
Victoria	Owners corporation	Plan of subdivision with common property
Queensland	Body corporate	Community titles scheme (most bodies corporate)
New South Wales	Owners corporation (strata), association (community land)	Strata scheme, community, precinct or neighbourhood scheme
Western Australia	Strata company, community corporation	Strata titles, community titles scheme
South Australia	Strata corporation, community corporation	Strata title, community title

The words differ, but the question is the same: is there shared property and a legal body that manages it? The rules, fees and voting thresholds differ by state, so another state's figures should not be assumed.

Townhouses that have none

Freehold (Torrens) title with no shared land. Each owner holds a title to their own land and there is no owners' group. How a shared driveway is handled depends on the arrangements registered on the titles. See strata versus Torrens title.
Company title and stratum title in Victoria. CAV says these do not involve an owners corporation and are not covered by the Owners Corporations Act 2006. They use a company or service company under the Corporations Act, and they are less common than strata title.
Older Queensland schemes. A Queensland body corporate without a registered community management statement falls under older Acts rather than the Body Corporate and Community Management Act 1997.

Very small schemes

A very small scheme can still have a legal body. In Victoria a two-lot subdivision with common property has a tier five owners corporation. It is exempt from many requirements but still has to issue certificates and repair shared services. Queensland has a Specified Two-lot Schemes Module for schemes with two residential lots and a Small Schemes Module for schemes with six lots or fewer.

A townhouse can also belong to more than one owners corporation. CAV describes developments with one unlimited owners corporation and one or more limited ones that cover only some lots.

How to check before you buy

Victoria. Look at the plan of subdivision for common property and at the owners corporation certificate in the Section 32 statement. CAV's checklist asks whether you would be a member of more than one owners corporation.
Queensland. The body corporate certificate and community management statement are provided before you sign, and Titles Queensland can say which Act applies and which regulation module the scheme uses.
New South Wales. The seller must include a copy of the strata plan in the contract of sale, and the by-laws must be attached.
South Australia and Western Australia. A conveyancer can confirm from the title documents whether the lot is on a community plan, a strata plan or neither.

For a townhouse bought off the plan, the owners' group starts when the plan is registered, according to CAV and the NSW Government's page on community and neighbourhood associations. What to check in an off-the-plan contract covers that stage.

What it means for costs

A townhouse inside a scheme comes with regular levies, rules and a shared decision-making process. The townhouse guide to body corporate fees covers what the levies usually pay for, and how much strata and body corporate fees are explains how the amounts are worked out.

Common questions

Is a body corporate compulsory in Victoria?: Where the registered plan of subdivision contains common property, an owners corporation is created automatically, and every lot owner becomes a member. Where the plan has no common property, there is none. Victoria's term is owners corporation, and the Queensland term body corporate does not apply.
Is a duplex part of a body corporate or strata scheme?: It can be. The Queensland Government lists a duplex as a possible body corporate property, and the NSW Government says many duplexes are strata. In Victoria a two-lot subdivision with common property has an owners corporation. If each half is on its own freehold title with nothing shared, there is none.
Do all Queensland townhouses have a body corporate?: No. A Queensland townhouse has one only if its lot is part of a community titles scheme. The community management statement and survey plan show this, and Titles Queensland can confirm it.
Can I opt out of the body corporate?: No. In Queensland the government says buying a lot makes you a member automatically and you cannot opt out. In Victoria the lot owners become the owners corporation's members when the plan is registered.

Keep reading

Sources

This is general information, not financial, tax or legal advice. Get advice that suits your situation before you buy.