Guide

Strata parking rules: QLD vs NSW vs VIC compared

Visitor parking is one of the most litigated topics in Australian strata. The rules and the enforcement powers differ meaningfully between states - here's what committees need to know, and why audit-grade evidence is the throughline.

Queensland - Body Corporate and Community Management Act (BCCM)

Under the BCCM Act, bodies corporate can adopt by-laws restricting the use of visitor bays but cannot unreasonably restrict a lot owner's rights. Enforcement runs through a by-law contravention notice (Form 10) issued by the committee, then adjudication through the Commissioner's office. Towing without lawful authority exposes the scheme to compensation orders.

What committees need on hand: proof of the by-law in force at the time, the specific bay and plate, timestamps, notices served, and the resident's response. A screenshot of an app does not survive adjudication.

New South Wales - Strata Schemes Management Act

NSW schemes rely on model by-law 17 (parking) and a Notice to Comply issued by the owners corporation. Repeat breaches unlock NCAT penalty applications capped at 10 penalty units, escalating to 20 for further breaches within 12 months. Councils and the RMS handle unregistered vehicles on common property.

NCAT looks for a documented breach, a validly issued Notice to Comply, and a chain of custody on the evidence. Committees that rely on informal WhatsApp screenshots routinely lose orders they should have won.

Victoria - Owners Corporations Act

VIC Owners Corporations set parking rules through the OC rules registered with Land Use Victoria. Enforcement is via a breach notice, a final notice, then application to VCAT. VCAT can order compliance, damages, and civil penalties. Towing on common property requires signage compliant with the Road Safety Act and, in practice, a written policy the OC can produce on request.

The common throughline: evidence

Across all three states, the committee that wins is the one that can produce a timestamped, unbroken record: the by-law in force, the plate, the bay, the times, the notices served, and every human decision on the file. That's what Vize's append-only ledger and signed exports are designed to provide - the same evidence pack every tribunal in the country expects to see.

Common committee mistakes

  • Enforcing an unregistered by-law - if it isn't recorded with the relevant state registry, adjudicators will not enforce it.
  • Skipping the notice step and going straight to a tow. In every state this is the fastest way to a compensation order against the scheme.
  • Relying on paper logbooks that can be re-written after the fact. Hash-chained evidence is now the expected standard for repeat matters.

General information only. Not legal advice - obtain advice from a strata lawyer for your specific matter.