Question: What steps can lot owners take to require the owners corporation to fix a deteriorating waterproof membrane that has created a slip hazard?
A waterproof membrane applied over tiles on the common property steps and walkway to our apartment entrance has deteriorated, cracked and lifted, and now poses a safety risk. We have reported three slip incidents to the owners corporation manager and raised the matter at committee meetings. Despite this, the committee has not agreed to remediation works.
An engineer carrying out other work at the building undertook a visual inspection at the chairperson’s request and deemed the area compliant. However, this assessment only appeared to address structural adequacy and Building Code requirements, not safety risks. A qualified builder and tiling company have since inspected the area and both identified it as a safety concern. The chairperson rejects that a slip hazard exists and has insisted that no expert report has been provided to demonstrate the hazard.
Given that the membrane continues to deteriorate and poses a slip hazard, what steps can lot owners take to compel the owners corporation to remediate the area and mitigate the risk of injury or potential insurance claims?
Answer: Part 10A of the strata legislation, due to take effect this year, gives broad powers to NSW Fair Trading to investigate, monitor and enforce compliance.
Firstly, you should notify your insurer as the owners corporation has a duty of disclosure under its policy (for potential risk and claims).
The owners corporation should be investigating the potential slip hazard as it is strictly liable for defects in the common property. On this basis, you may apply for Mediation, and the matter might settle. Even if it doesn’t, or the owners corporation does not attend, you will be able to make an application for Orders from NCAT (noting that as the Applicant, you will bear the burden of proof and therefore need to provide expert evidence).
Part 10A of the strata legislation, due to take effect this year, gives broad powers to NSW Fair Trading to investigate, monitor and enforce compliance with the owners corporation’s statutory duties to repair, maintain, and if necessary, replace the common property.
It is also highly recommended to engage an expert to assist with drafting the required scope of works and tender process. Your next steps should be calling a General meeting (if the strata committee refuse to deal with the matter) and pass the appropriate resolution to engage a suitably qualified expert to assist with inspecting the subject issue(s), carrying out any exploratory works where required and draft the necessary scope of works to be put out to tender for the consideration by the owners.
This post appears in theSeptember 2025 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
Can council force an existing building (1990’s build) to comply with the latest (new build) fire safety regulations? Someone has had an axe to grind with the building, and lodged complaints of all sorts in all directions, now resulting in council and fire brigade involvement. Would we be made comply to standards at time of build? Or all new standards including hard wired smoke detectors in all rooms of all buildings?
Thanks in advance!
Hi Jona
This Q&A should assist:
Question: Are Strata Plans registered before 1974 exempt from fire safety upgrades?
I am living in a 2 storey strata block with 2 exits on the ground floor built in 1970s in Sydney with no changes and DAs since it was built. My questions are:
1. Are 2 or 3 storey strata apartments built in 1970s subject to EPA fire Order? We received a Fire Order in 2009
2. Then in 2023 a request for AFSS after 14 years was received from the Council. Should the Council send the AFSS notice every year?
3. I checked my whole suburb and neighbouring suburb and found none of the strata blocks has the essential fire services like exit lights and smoke alarm installed. Some have but not replaced or updated to meet the AFSS. Apparently, they did not receive the Fire Order or AFSS from the Council for the past 14 years.
4. My close neighbours are some old strata apartments which are 3 or 4 storey highs. Can they be exempted from Fire Order when my 2 storey apartment received a Fire Order? Would they be more likely to received one?
5. There is old Strata block close to my apartment with basement open car park without any party walls to contain any fires and there is no essential fire services installed. Can that strata block be exempted from Fire Order too?
6. As my strata received the Fire Order and AFSS, we carried out as works as required. Can we questioned the Council’s why we were issued with the Fire Order and the AFSS whereas in item 3, 4 & 5, the Council is not doing anything to the whole suburb for the past 14 years starting in 2009 when we received the Fire Order and in 2023 the AFSS?
Hi
You should find this article helpful: NSW: Changes in Legislation to Annual Fire Safety Statements (AFSS)
Hi Tim,
We have replied to your question on this Q&A: NSW: Q&A Apartment fire regulations – Fire Doors, Screen Doors, Access
I have been in my unit for 12 years now and a chain lock was on the entry door when I bought the unit, now the fire company says that’s illegal and my door has to be replaced is this true or false.