This article discusses ceiling cavity responsibility in a strata apartment and who must investigate and fix the issue.
Question: I live in a bottom floor apartment but I occasionally hear rustles in the roof and I am concerned about the state of the ceiling. Is it the strata’s responsibility or the lot owner’s responsibility to investigate this noise? The ceiling cavity is between a ground floor (my apartment) and an upper floor apartment.
Answer: As there is no common area between the 2 units, it would be up to the Owner of the Unit who is experiencing the issue to investigate the noise.
As you may be aware, the ACT has 2 classes of buildings. Generally, A classes are units on top of units, and B classes are townhouse complexes.
In the event that this unit was in a B class complex, the responsibility for the investigation and repair of the issue is wholly the lot Owner’s responsibility.
However, from your query, it would appear the unit you are referring to is contained in an A-class building, as there is a unit on top of your unit.
This can get a little more complicated. In essence, there is no common area between the 2 units, and the boundary for the responsibility lies in the middle of the space. For example, the downstairs unit is responsible for the area up to the midway point, and the upstairs unit is responsible down to the midway point. That being said, as it would be likely that the waste pipes for the unit above you encroach into your space, as this only services the unit above, the unit above would be responsible for the maintenance of those pipes.
As there is no common area between the 2 units, it would be up to the Owner of the Unit who is experiencing the issue to investigate the noise. If the cause of the noise is due to a structural issue, then this is where the Owners Corporation would step in to repair the structural issue. If the issue is due to something within the unit above, then this would then be the above unit’s issue to deal with.
Another issue to consider is the type of services that are located in the ceiling cavity. For instance, if your unit has centralised heating/cooling, there is potential that the air flowing through the ducts is causing the ducts to move around causing the noise. This may also be caused by the exhaust fans from the kitchen or bathrooms, especially if they are vented outside.
Another possibility could be mice or birds in this area. May require baits/traps to be installed if there is a cavity or investigate any possible openings. The other option is to ask the resident above if they are undertaking any activities which may account for the noise. A joint investigation could also be a possibility.
This post appears in Strata News #568.
Steve Wiebe
Bridge Strata
E: steve@bridgestrata.com.au
P: 02 6109 7700
wouldn’t the concrete slab between the two units be considered common property?
Hi Pu
We have just received this reply back from Jan Browne, Bridge Strata:
We are presuming that the complex noted is a Class A complex. In other states the slab between 2 units would be common property but in ACT the boundary of shared walls, floors etc is usually the centre line. Anything above/below/either side would be that owner’s responsibility. Unless an insurable event.
Without knowing the issue it is hard to advise further.
Jan Browne
Bridge Strata
E: Jan@bridgestrata.com.au
This information is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.