Leaking bathroom from previous owner: Who is liable for damage?

NSW

Insurance

This article discusses leaking bathroom previous owner liability by explaining that a new owner may be responsible for damage caused by a past renovation and should confirm approvals and cause of the leak.

My bathroom tiles are leaking due to bad renovation by the previous owner. If there is damage in the apartment downstairs, am I responsible?

My bathroom tiles are leaking due to bad renovation by the previous owner, resulting in wall damage in the hallway and terrible mould in the bedroom wardrobe.

I’m not sure if they got strata permission…

If there is damage in the apartment downstairs, am I responsible?

When a new owner purchases a property they purchase is subject to all the works undertaken.

If the works were renovation by-law works, depending on the nature of the work, if it was major a by-law approval would have been required. This would be registered in the strata scheme’s by-laws. When a new owner purchases a property they purchase is subject to all the works undertaken. This is usually a condition in the contract.

A report could be obtained to determine the cause and liability concerns.

Comments

Published: 30 Mar 2026

Last Updated: 7 Jul 2026

After a free PDF of this Q&A?

Not a member? Join for free

Answer by

Pierrette Khoury

Khoury Lawyers Pty Ltd

Pierrette Khoury was admitted in 2006 and has extensive experience in strata, building and construction and commercial litigation.

Pierrette is client focused, results and outcome driven. Pierrette successfully resolves disputes and should a matter not be capable of resolution will successfully advocate on your behalf in the Tribunal or Court.

Pierrette has extensive experience in contract drafting and review including AS 4000, Master Builders, NSW Fair Trading and Housing Industry Association contracts.

Pierrette appears in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court for hearings, interlocutory applications and Appeals.

Pierrette applies strategic decision making to matters and narrows the issues in dispute. Pierrette has successfully litigated matters at the interlocutory and hearing stages.

Pierrette resolves matters on behalf of clients through effective dispute resolution mechanisms through negotiation, attending Mediations and attending informal settlement conferences.

Strata advice and litigation services

The services include strata advice, general strata advice regarding strata management agency agreements, strata by law advice, by-law drafting, consolidation and registration, strata dispute advice, breach of strata by-laws and enforcement, insurance claims, levy recovery advice and enforcement. This also incluees high level litigation services including building defect disputes and appeals, home warranty insurance claims and general insurance claims including appeals.

Legal involvement and representation of strata disputes including litigation involving breach of by-laws and breaches of the Strata Schemes Management Act and Regulations.

Appearance and representation in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court.

Key highlights:

Strata advice, by law advice, disputes including levy recovery;
Large scale building defect claims, disputes and appeals;
Home warranty insurance claims and general insurance claims;
Acting on behalf of a number of Owners Corporations in relation to large defect claims including claims under the Design and Building Practitioners Act 2020. Successfully resolving large scale defect claims;
Acting for home owners in excess of $1million build and advising on contractual rights, variation disputes, project disputes and successfully resolving;
Advising home owners and Owners Corporations on rights under the Home Building Act 1989 and Design and Building Practitioners Act 2020;
Acting on behalf of a number of Owners Corporations in relation to lot owners’ breaches of by-laws and enforcement in the NSW Civil and Administrative Tribunal;
Advising on retaining wall and fence matters and mitigation.