This article addresses the responsibilities of bodies corporate in relation to upgrading buildings for improved disability access.
Table of Contents:
- QUESTION: Based on suggestions from other complexes in a similar situation, how can a body corporate support a wheelchair user living on the fourth floor during a planned two-month elevator outage?
- QUESTION: In Queensland, do existing bodies corporate have an obligation to update buildings specifically for wheelchair and disability access without any other improvements being made to the building?
Question: Based on suggestions from other complexes in a similar situation, how can a body corporate support a wheelchair user living on the fourth floor during a planned two-month elevator outage?
Our complex is approximately 15yrs old. A disabled owner who relies on a wheelchair purchased a unit on the fourth level of the building approximately 4 years ago. The only access to this level is via one elevator or the fire stairs.
The elevator is due for refurbishment. It has been out of commission for over a week, and future repairs require it to be out of commission for approximately two months.
How can we assist the owner from the fourth floor to the ground level and return? Are you aware of another complex that has encountered this problem and found a suitable solution?
Answer: We recommend you meet first with an accessibility consultant or occupational therapist to discuss options.
While there may not be a one-size-fits-all solution, there are three practical ideas based on how other complexes and facilities have approached similar challenges.
First, you could install a temporary inclined stair lift on staircases for the duration of lift outages. These lifts can carry a wheelchair or a seated person along the stairwell rail. You’ll need to consider weight capacity, whether your stairwells are wide enough to accommodate a stair lift, installation time (some systems can be installed within a week), and compliance with safety and fire codes.
Second, some complexes have installed an external construction elevator or scissor lift, often used in renovation work. This solution can be expensive and likely requires Council approvals, as well as ground-level and balcony/stairwell access.
Third, you could consider temporary accommodation on a lower floor or nearby for the resident (with funding assistance from insurance or strata funds if applicable), or financial support or subsidised rental during the refurbishment period.
It is also recommended that the complex meet first with an accessibility consultant or occupational therapist to discuss the above and any other options tailored to your complex.
Brendan Pitman
Grace Lawyers
E: brendan.pitman@gracelawyers.com.au
P: 07 5554 8560
This post appears in the August 2025 edition of The QLD Strata Magazine.
Question: In Queensland, do existing bodies corporate have an obligation to update buildings specifically for wheelchair and disability access without any other improvements being made to the building?
Answer: If someone needed something upgraded to suit their circumstances for example disability access, they are likely to be successful.
We have only had this one or twice, but the answer both times has been that if someone needed something upgraded to suit their circumstances, they are likely to be successful.
Otherwise, there is no obligation on a body corporate to specifically go and do things to make the building compliant with the various codes for differently abled persons. If it was fine when built, it remains that way unless someone raises it.
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
This post appears in Strata News #214
Read More:
- QLD: Q&A Can A Lot Owner Use the Disabled Parking As An Extra Car Space?
- QLD: Oppressive or Unreasonable – QLD Strata Bylaws
Visit Maintenance and Common Property OR Strata Legislation Queensland
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