Where the lower horizontal boundary of a lot in a strata scheme is not expressly defined on the floor plan under s 5(2)(b), it is determined by s 5(2)(a)(ii) as the upper surface of the floor as at the date of registration of the strata plan. If tiles or other flooring were affixed to the concrete slab before registration, the boundary is the upper surface of those tiles, not the concrete slab, with the consequence that the membrane and tiles beneath the boundary are common property. The boundary is fixed at registration and is not ambulatory. Developers and conveyancers should utilise s 5(2)(b) to expressly describe lot boundaries to avoid unintended allocation of maintenance responsibilities.
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