Is strata responsible for sealing draughty gaps between the window frame and wall?
Who is responsible for sealing the external gaps between the window frame and the wall? There is a draught coming through these gaps. I believe windows are the owners corporation's responsibility. I am over 70 years old, and it is impossible to warm my flat because of these gaps.
Isn't it a health and safety issue? It is supposed to be at least 18°C in a dwelling according to the WHO. Anything less than this is a health issue. Under section 106 of the Strata Schemes Management Act 2015 (SSMA), the owners corporation has a strict duty to repair and maintain common property.
In most NSW schemes, external wall and window draughts are the owners corporation’s responsibility to fix.
Draughts like this are something our inspection team sees a lot at this time of year, particularly in older apartment blocks.
In most NSW strata schemes, this is the owners corporation's responsibility to fix. Your external walls and the windows, including the frames and the join where the frame meets the wall, are classed as common property rather than part of your individual lot. Under the SSMA, the owners corporation has a legal duty to keep common property properly maintained. That duty is firm. They can't put it off because it's inconvenient or costly.
There can be exceptions. Occasionally a strata plan or specific by-law sets things up differently, so it's worth asking your strata managing agent to confirm how your scheme is structured. But for the vast majority of buildings, a draught coming through the join between the window and the wall falls to the owners corporation to fix.
Draughts like this are usually caused by the perimeter sealant around the frame breaking down over time. Sometimes it's worn seals within the window itself, or gaps that have opened up around a sliding or opening sash. Which one it is changes how it gets fixed, so the first step is getting someone qualified to look and pinpoint exactly where the air is getting in.
On the temperature point, there's no specific NSW law setting a minimum indoor temperature for strata apartments. The WHO's 18°C guidance is a recognised health benchmark, particularly for older residents.
Put your request in writing to your strata managing agent or owners corporation, describe the draught and how it's affecting the apartment, and ask for an inspection. Having it in writing creates a record and tends to get things moving faster than a verbal mention at a meeting.
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