This article discusses who is responsible for repairing a leaking pipe and related damage in a townhouse under NSW strata laws.
Question: In a townhouse, who is responsible for a leaking pipe between the ground floor ceiling and upper level?
Our strata consists of three townhouses (units A, B, and C). Units A and B share an adjoining wall, as do units B and C. A leaking pipe in the downstairs ceiling of unit C has caused damage above a wardrobe located between the bedroom and garage. The pipe services only unit C.
As the boundary of each townhouse is the external perimeter, is the space between the ground floor ceiling and the upper level considered common property or part of the lot? Who is responsible for repairing the damage caused by the leak?
Answer: Review the registered strata plan and bylaws for your scheme to check the exact boundaries of the lots.
The general advice below is based on the majority of strata plans that I have seen. However, notations on the actual registered strata plan and registered bylaws can also affect the answer to this type of question.
If you wish to confirm this definitively, you should review the registered strata plan and bylaws for your scheme to check the exact boundaries of the lots. For clarity, please contact LRS (Land Titles) by emailing [email protected], providing a copy of the plan and bylaws.
Under the Strata Schemes Management Act 2015 (NSW), the general position is that the owners corporation is responsible for the repair and maintenance of common property, while lot owners are responsible for maintaining their own lot property.
For townhouses, the boundaries of the lot are typically defined by the external surfaces of the building (unless the registered strata plan specifies otherwise). This means:
- Ceiling, floor, and wall structures (including the space between the ground floor ceiling and the first-floor slab) are usually considered common property, and therefore the responsibility of the owners corporation to repair and maintain.
- Pipes or services that service only one lot, however, are considered lot property and are the responsibility of the lot owner, even when located within common property walls, floors, or ceilings.
In this case, as the leaking pipe may appear to be servicing only unit C, the lot owner of Unit C may be responsible for the pipe itself and any repairs to it.
If, however, the leak has caused damage to the common property (e.g. the ceiling structure), the owners corporation may be responsible for repairing part of the damage.
It is therefore possible that:
- The owner of unit C may be responsible for arranging and paying for the repair of the leaking pipe;
- The owners corporation may be responsible for repairing any common property affected by the leak (for example, water damage to the ceiling structure).
Again, if you wish to confirm this definitively, you should review the registered strata plan and bylaws for your scheme to check the exact boundaries of the lots.
Sean Bermingham
The Strata Collective
E: [email protected]
P: 02 9137 2320
This post appears in the November 2025 edition of The NSW Strata Magazine.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Common Property Water Leaks: A Strict Duty to Repair
- NSW: Q&A What if My Lot Causes a Leak
- NSW: Q&A Common Property Defects and Reimbursement for Repairs
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