Australia | Queensland
Body Corporate in Queensland: The BCCM Act for Small Schemes
In Queensland, a building or group of homes with shared property is a community titles scheme, and all the lot owners together form the body corporate. The Body Corporate and Community Management Act 1997 (the BCCM Act) sets the main rules, and a regulation module named in the community management statement sets the day-to-day rules. A small scheme of up to 6 lots can use the Small Schemes Module, and a duplex can use a two-lot module.
The short answer
- The body corporate is created when the scheme is established, and its members are the owners of all lots (BCCM Act ss 30 and 31).
- The Small Schemes Module applies to a basic scheme of no more than 6 lots with no letting agent. Otherwise the Standard Module applies, unless another module is named.
- A body corporate does not need a manager. The Queensland Government says managers "do not need to be licensed in Queensland".
- The AGM is held within 3 months after the end of each financial year. Levies are set by ordinary resolution and split by contribution schedule lot entitlement.
- Disputes go to the Commissioner for Body Corporate and Community Management, after a reasonable attempt to resolve them inside the body corporate.
The three modules for small buildings
In a specified two-lot scheme, a lot owner agreement must be in writing, dated, say what is agreed and be signed by both owners, or agreed by email with evidence of each owner's consent. If one owner asks and the other does not agree within the stated time, the body corporate is taken to have decided against the proposal (BCCM Act s 111H(3)).
| Rule | Specified two-lot scheme | Small Schemes Module | Standard Module |
|---|---|---|---|
| Who it fits | 2 residential lots, no letting agent, module named in the statement | Basic scheme, no letting agent, no more than 6 lots | Every scheme no other module covers |
| Committee | None; the two owners decide by lot owner agreement | Secretary and treasurer only; one person may hold both | At least 3 voting members, up to 7 or the number of lots |
| Meetings | Committee, proxy and meeting rules do not apply | AGM within 3 months of year end; notice can be shortened if fair and reasonable | AGM within 3 months of year end; at least 21 days' notice |
| Public risk insurance | At least $10m | At least $10m | At least $10m |
Meetings and votes
- Notice: a general meeting is held at least 21 days after notice. A Small Schemes Module body corporate may decide otherwise if that is fair and reasonable (s 40).
- Quorum: at least 25% of voters, or a lower figure between 10% and 25% set by special resolution. With 3 or more voters, 2 must be present in person.
- Ordinary resolution: more votes for than against (BCCM Act s 108). A poll counts by contribution schedule lot entitlement.
- Special resolution: at least two-thirds of votes cast for, with votes against no more than 25% of the lots and no more than 25% of contribution lot entitlement (s 106).
- Resolution without dissent: no vote counted against (s 105).
- A motion can pass without a meeting if every lot votes for it in writing (s 111).
- In a small scheme, votes can be taken by phone, email or another way the body corporate decides.
Money
- Two funds: an administrative fund and a sinking fund, in accounts in the body corporate's name, with no transfers between them.
- Budgets for both funds are adopted each year by ordinary resolution. The sinking fund budget reserves for major spending "over at least the next 9 years".
- Levies follow contribution schedule lot entitlement. Insurance premiums follow interest schedule lot entitlement.
- Late payment: simple interest of up to 2.5% a month, set by ordinary resolution.
- Unpaid levies are a debt. If an amount has been owing for 2 years, the body corporate must start proceedings within 2 months after that.
- An audit is optional in a small scheme.
Insurance, by-laws and records
- Small Schemes Module: common property and each building in a building format plan insured for full replacement value, valued independently at least every 5 years, plus public risk cover of at least $10m.
- By-laws are in the community management statement; Schedule 4 of the Act applies if there are none. A by-law change needs a special resolution, and exclusive use by-laws need a resolution without dissent. The new statement is lodged within 3 months.
- By-laws cannot restrict the type of residential use or stop a sale, lease or mortgage.
- Records requests are answered within 7 days. A buyer's body corporate certificate is due within 5 business days and costs $86.95 from 1 July 2026.
Disputes
Most disputes go through the Commissioner for Body Corporate and Community Management, by conciliation or adjudication. The applicant must first have "made reasonable attempts to resolve the dispute by internal dispute resolution" (s 238(1)(b)), which the Queensland Government calls self resolution. Unpaid levies go to QCAT or a court as a debt, and complex disputes go to a specialist adjudicator or QCAT.
Read in the Queensland legislation site's reprints, current as at 1 August 2025, and the Queensland Government's body corporate pages, on 30 and 31 October 2026.
Common questions
What is a body corporate in Queensland? +
All the lot owners in a community titles scheme. It is created when the scheme is established and looks after the common property, the funds, insurance and records under the BCCM Act.
What is the BCCM Act? +
The Body Corporate and Community Management Act 1997, Queensland's law for community titles schemes. Regulation modules under it set the day-to-day rules.
What is the Small Schemes Module? +
A regulation module for a basic scheme of no more than 6 lots with no letting agent. It has a two-person committee, flexible notice and voting, and an optional audit.
Does a body corporate need a manager in QLD? +
No. The Queensland Government says a body corporate is not legally required to have a manager, and managers do not need to be licensed.
How are body corporate levies split in Queensland? +
By contribution schedule lot entitlement, except insurance premiums, which follow interest schedule lot entitlement.
What interest can a QLD body corporate charge on late levies? +
Simple interest of up to 2.5% for each month in arrears, set by ordinary resolution.
How does a two-lot scheme make decisions? +
In a specified two-lot scheme, by lot owner agreement between the two owners, in writing and signed by both, or by email with evidence of consent.
How much is a body corporate certificate in QLD? +
$86.95 from 1 July 2026, or $73.90 for a repeat within 3 months, plus $31 for delivery within 24 hours.
Who handles body corporate disputes in Queensland? +
The Commissioner for Body Corporate and Community Management, after a reasonable attempt to resolve the dispute internally.
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