My daughter recently bought an apartment with non compliant flooring. Who is responsible for the cost of work to replace the flooring?
My daughter recently bought an apartment with non compliant flooring. The owners corporation knew about the work but has done nothing to rectify the situation. She would like to replace the flooring so it complies. Who is responsible for the cost of work to replace the non compliant flooring?
If flooring was installed without approval, as the current lot owner, your daughter will be responsible and should look at whether she can claim against the previous owner.
Who is responsible depends on who did the work to the flooring and what portion of it is common property.
If it is original flooring and all common property, then the owners corporation is likely responsible and may have a claim against the builder. If it is not original flooring and is common property or lot property, I suggest looking for approval to install the new flooring as it will likely have conditions on it. If the flooring was installed but not approved, your daughter will be responsible as the current lot owner and should look at whether she can claim against the previous owner.
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Allison is the principal of Benson Legal, having formerly been a co-founder and co-principal at Kerin Benson Lawyers since 2014.
Benson Legal commenced on 1 June 2026 where Allison and her team continue to provide advice on, and to act in relation to, strata and community title and building and construction matters.
Allison is a Fellow of the Australian College of Strata Lawyers and regularly presents training sessions for other lawyers and writes for the NSW Law Society Journal.
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