Question: We have received strata approval to lay new laminate on the floor of our apartment. The original concrete floor is not level and needs levelling at a cost of $2000. Would this be strata responsibility?
Answer: If the sloping floor is considered to be a building defect, rectification of that defect (if any) would be the responsibility of the owners corporation.
Sometimes, though we understand there are certain tolerances under the Building Code of Australia, a uneven slab may constitute a building defect in certain circumstances – this link explains acceptable deviations and tolerations: New South Wales: Guide to Standards & Tolerances 2017
If the sloping floor is considered to be a building defect since the concrete slab is almost always common property, rectification of that defect (if any) would be the responsibility of the owners corporation.
However, this could be construed as “upgrading” the common property and therefore your responsibility and not the owners corporations. The Owners Corporation may argue that the defect is only a defect because you have elected to change the type of flooring within your lot and that the levelling works are merely preparation works to allow for the timber flooring wherein the original carpet on the existing levelling may be fit for its purpose but not for timber flooring.
You should obtain expert advice on this specialist area.
This post appears in the February 2021 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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