Car parks and storage lots: title, lending and use.
Buying a car park or storage lot in a Victorian apartment building? A comprehensive due-diligence guide to title, plans of subdivision, owners corporation rules, lending appetite, EV charging and short-stay restrictions.
A car space or storage cage rarely earns its own paragraph in a sale brochure. It should. The way these lots are titled, governed and lent against quietly determines whether a buyer ends up with a usable asset, a restricted licence, or a problem at refinance. In Victorian apartment buildings, possession is not ownership, and a bay number on a wall is not a legal right.
This guide is for buyers of apartments and units in Victorian owners corporations — and for anyone considering the separate purchase of a car space or storage lot. It explains the three main ways car parks and storage cages are held, the owners corporation rules that quietly change their value, the physical checks that matter, and the lending, leasing, EV-charging and off-the-plan issues that most buyers overlook.
Why the advertised car space may not be what you think
Marketing plans often show a car space or a cage in a helpful location and imply that it comes with the apartment. The legal position may be different. The plan of subdivision — the surveyed legal document lodged at Land Use Victoria — is the source of truth. It shows whether a car space is a separate lot, an accessory lot tied to the apartment, or merely part of the common property.
Three ways a car space or cage can be held
Under the Subdivision Act 1988 (Vic) and the Owners Corporations Act 2006 (Vic), a car park or storage cage in an apartment building is usually held in one of three ways.
1. A separate private lot on the plan
A separately titled car space or storage lot has its own lot number, its own share of lot entitlement and lot liability, and its own certificate of title. It can (subject to any restriction in the owners corporation rules or planning permit) be sold and mortgaged independently of the apartment.
2. An accessory lot
An accessory lot is a lot shown on the plan as being accessory to a principal lot. It cannot exist independently — it is legally tied to the apartment and moves with it. Accessory lots are common for storage cages and some car spaces.
3. Common property with an exclusive-use right
A car space that is part of common property is not a lot at all. The right to use it is a licence or exclusive-use allocation created by owners corporation rules, a lease, or a special resolution. That right is only as durable as the instrument that created it — sometimes revocable, sometimes reassignable.
A storage cage is only as durable as the instrument that grants it. A line on a marketing plan is not a title.
Common property allocations, leases and licences
Where a car space is allocated from common property, ask for the document that grants the allocation. It may be an owners corporation rule, a special resolution, a formal lease or a licence. Each has different characteristics and different durability. A rule can be changed by special resolution; a licence can often be terminated on notice; a registered long-term lease is more secure but is rare for individual bays.
Owners corporation rules that change the value
Rules and special rules can restrict how a car space is used, who can park in it, whether it can be leased to a non-resident, and what may be stored in a cage. Combustible-goods restrictions are common; restrictions on trailers, boats, motorcycles and commercial vehicles are not unusual. Rules for larger buildings often restrict short-stay parking rentals. Read the consolidated rules registered with Land Use Victoria — not just the version handed out at inspection.
Multiple owners corporations
Larger developments frequently have multiple owners corporations — an unlimited OC covering the whole development, and one or more limited OCs covering (for example) only the residential lots, only the commercial lots, or only a specific tower. A car space may be governed by a different OC to the apartment. Each relevant OC's rules, insurance and levies must be reviewed.
Lot entitlement and lot liability
Lot entitlement determines a lot's share of voting rights. Lot liability determines its share of levies. Small car park and storage lots often carry disproportionately low liability (which is helpful) but also low entitlement (which reduces voting power on OC decisions). Check both figures on the plan.
Is every relevant title being transferred?
The contract of sale and Section 32 statement should identify every lot being transferred — the apartment, any accessory lot, and any separately titled car space or storage lot. A common source of dispute is a contract that transfers the apartment but overlooks a separately titled car space that was verbally included. Cross-check the contract, Section 32, plan of subdivision and title against the marketing plan.
Access, dimensions and the physical reality
Title says one thing; the basement says another. Confirm the bay number on site, measure the width and length, and check column intrusions, swing room and headroom against the vehicle you actually drive. Modern SUVs and utes often do not fit in bays designed to older Australian Standards.
- Bay number matches the plan of subdivision and the contract.
- Clear width, length and headroom for the intended vehicle — including modern SUVs and dual-cab utes.
- Access route — ramp gradients, security gates, turning circles, one-way loops.
- Storage cage boundaries — is the cage exactly where the plan says?
- Security and access — remote controls, swipe cards, key numbers, replacement cost.
- Stacker or mechanical parking systems — maintenance responsibility and reliability.
Stackers and mechanical parking systems
Mechanical stackers and puzzle systems require ongoing maintenance and periodic replacement. Ask for the OC's maintenance history, any special levies for stacker refurbishment, and whether owners share the cost via general levies or as a separate special-purpose fund. A failed stacker can leave a bay unusable for weeks.
Visitor and disability parking
Visitor parking bays are commonly common property. Planning permits often require a minimum number of visitor bays and restrict their allocation to residents. Disability bays are similarly regulated. These bays are not yours to use for daily parking, even if unoccupied.
Fire safety and dangerous goods
Storage cages in basements are usually subject to fire safety and building code restrictions. Storage of flammable liquids, LPG cylinders, lithium batteries and combustible materials is commonly prohibited. Some OCs restrict bicycles and prams to designated common areas rather than individual cages. Confirm restrictions before assuming your intended use is permitted.
EV charging and basement infrastructure
Installing an EV charger in a basement bay is rarely a simple electrical job. It usually requires owners corporation consent, a load assessment of the building's main switchboard, sub-metering, and — in older buildings — an upgrade to common-property infrastructure. Some buildings have adopted EV-ready policies; many have not. Ask for the OC's EV policy or resolution, the metering arrangement, and any cost-sharing rule in writing.
The Victorian Government has moved to make it easier for owners in owners corporations to seek consent for EV chargers, but the underlying infrastructure and cost issues remain building-specific.
Lending and valuation
Banks treat standalone car parks and storage lots conservatively. Many lenders will not provide a mortgage on a car park bought without an adjoining residence, will require a lower LVR, or will price the loan as commercial. Valuers may attribute little or no separate value to an accessory lot. Confirm appetite with your lender before signing — not after.
Leasing and short-stay restrictions
Even when a car park is separately titled, the owners corporation rules, the planning permit and the head lease (in mixed-use buildings) may restrict leasing to non-residents or to short-stay users. Council parking-overlay conditions sometimes tie a bay to the apartment and prohibit external rental altogether. Check every source of restriction, not just the OC rules.
Planning permit conditions
Planning permit conditions for the building may require car spaces to be retained with the apartments and prohibit their separate sale or long-term leasing. These conditions run with the land and can invalidate a subsequent title split even if the plan of subdivision would otherwise allow it.
Off-the-plan changes
In off-the-plan purchases, car space and storage allocations may be changed by amendment to the plan before registration. The contract should tie a specific bay and cage number to the buyer, and the sunset and variation clauses should be reviewed. A bay described on marketing plans is not a guarantee.
Insurance
Basement common areas are usually insured through the OC's building policy. Contents stored in a cage are usually the owner's own responsibility and insurance. Confirm insurance sufficiency before storing high-value items.
Practical inspection
Before signing, visit the basement. Drive in with the vehicle you intend to park. Photograph the bay, cage and any nearby columns, pipes and sprinklers. Test the security fob. Check whether the space is genuinely accessible for the vehicle you own.
Contract and Section 32 review
A property lawyer can confirm that every lot being transferred appears in the contract, that the plan of subdivision matches the marketing plan, that OC rules do not defeat the intended use, and that planning permit conditions do not prohibit separate sale. Reviewing these documents together is the correct order — reading only the contract, or only the Section 32, is not enough.
Buyer's checklist
- Read the plan of subdivision — confirm lot type (principal, accessory, or licence over common property).
- Cross-check contract, Section 32 and plan against the marketing plan.
- Read owners corporation rules and minutes for parking, storage, EV and short-stay resolutions.
- Inspect the bay and cage on site — match numbers, check dimensions and access.
- Confirm lender appetite, LVR and valuation treatment for the lot type.
- Check planning permit conditions and any restriction on leasing or use.
- Confirm EV-charging policy and infrastructure if relevant.
- Have a property lawyer review the Section 32, contract and any licence document together.
How we can assist
Our property lawyers regularly review apartment contracts and Section 32 statements, cross-check plans of subdivision, and confirm owners corporation and planning conditions before signing. Car park and storage issues are cheap to fix at contract review and expensive to fix after settlement.
This article is current as at 16 July 2026 and provides general information. It is not legal advice on a specific property. Whether a particular bay or cage is separately titled, an accessory lot, or common property depends on the plan of subdivision and the owners corporation documents for the building.
Frequently asked questions.
- Is my car space always sold with the apartment?
- Not always. It depends on whether the space is part of the principal lot, an accessory lot, a separately titled lot, or a licence over common property. Check the plan of subdivision.
- What is an accessory lot?
- A lot shown on the plan as accessory to a principal lot. It cannot be sold or held separately — it moves with the apartment.
- Can I sell my car space separately from my apartment?
- Only if it is a separate lot on title, and only if the owners corporation rules and planning permit permit the separate sale. Accessory lots and common-property licences generally cannot be sold on their own.
- Can I lease my car space to someone outside the building?
- Sometimes. Owners corporation rules, planning permit conditions and any head lease may restrict leasing to non-residents or to short-stay users. Check all three sources.
- What can I store in a storage cage?
- It depends on the OC rules and the building's fire-safety requirements. Flammable liquids, LPG cylinders and some lithium batteries are commonly prohibited.
- Can I install an EV charger in my basement bay?
- Ordinarily only with owners corporation consent, a load assessment of the building's switchboard, and sub-metering. Older buildings often need infrastructure upgrades before individual chargers are approved.
- Will a lender give me a mortgage on a standalone car park?
- Some lenders will, at conservative LVRs and often on commercial terms. Many will not lend on a car park bought without an adjoining residence.
- Does a valuer attribute value to my accessory lot?
- Often modestly. Accessory lots typically add value at the whole-property level; they are not usually valued separately.
- What is a stacker system and who pays to maintain it?
- Stackers are mechanical parking systems used in constrained sites. Maintenance is usually funded through OC levies or a dedicated special-purpose fund; ask for the maintenance history and any pending upgrades.
- Can the owners corporation take my car space back?
- It depends on how the space is held. A private lot on title cannot be taken. A licence over common property can typically be revoked in accordance with the instrument that granted it.
- Do I need a lawyer to review a car park purchase?
- Yes. Whether the bay is a principal lot, accessory or licence — and whether OC rules and planning permit conditions permit your intended use — needs to be confirmed against the plan of subdivision and OC documents.
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