This article is about pursuing the builder in the ACT for a leak in a lot.
Question: In our relatively new building, a leak in my toilet pipe caused damage to the unit below. I’ve had to pay for the repair. Why isn’t strata pursuing the builder?
I own and live in an apartment on level three of our building in Canberra. I am the first owner of the apartment. The complex is not yet three years old.
The unit below reported a leak in the ceiling to strata management. Strata management sent a plumber to investigate. The plumber advised that a sealant issue originated in the under-the-floor toilet pipe in my bathroom and could only be fixed from the unit below.
Strata management confirmed that, although there was no indication of misuse, I was obligated to bear the repair cost of the leak. Strata management would not raise the issue with the builder/developer.
As the building is new, it can’t be a wear and tear issue. Shouldn’t the builder/developer pay for this repair?
Answer: The owners corporation cannot act as the intermediary as this does not involve common property.
As the toilet only services your unit, as the owner, you are responsible for the repair of the leak.
Your argument may have some legs, and I recommend you contact the builder of the property and advise them of the issue.
Unfortunately, the owners corporation and the managers are not able to act as the intermediary in this situation, as this does not involve common property.
Steve Wiebe
Bridge Strata
E: [email protected]
P: 02 6109 7700
This post appears in Strata News #692.
Have a question or something to add to the article? Leave a comment below.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Read next:
- ACT: Q&A Commercial Use of Common Property
- ACT: Common Property Boundary Lines – Class A and Class Bbuilder leak
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