Who Is Responsible for Drain Damage Caused by Common Property Trees?

NSW
Maintenance & Common Property
This article discusses tree roots drain damage strata, explaining when the owners corporation is responsible for drain repairs caused by roots from trees on common property.
question
Lookupstrata community member

My toilet drain requires repairs caused by a common property tree’s roots. As the tree is on common property, who is responsible for maintaining the drains?

I purchased a unit a few years ago. My toilet backs up. The plumber reported this is due to the roots of a tree on the common property. It will cost me $550 to clear the roots, and the problem will persist as the tree continues to grow. As the tree is on common property, who is responsible for maintaining the drains? The strata’s gardeners maintain the tree.

answer
Leanne Habib headshot
Leanne Habib Premium Strata

The owners corporation is liable for it and any damage it causes.

As the tree is situated on the common property, generally speaking, the owners corporation is liable for it and any damage it causes. If your drain/pipes are situated within the common property, the owners corporation should be responsible for repairing and maintaining them.

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