QLD: Who pays for a deck damaged by a burst common property pipe?

Question: A burst common property pipe damaged an owner’s already-decayed deck. Is the body corporate solely responsible?

An owner’s timber decking was damaged following the failure of a common property water main pipe. However, an expert report obtained by the insurer found that the deck was already in a poor and unsafe condition due to long-term timber decay, consistent with prolonged exposure and a lack of maintenance. Is the body corporate solely responsible for the deck damage?

Answer: No.

There is an important distinction between a body corporate’s:

1. obligation to repair common property; and
2. liability for consequential damage suffered by a lot owner.

An owner’s obligation to maintain their lot in good condition is a strict statutory duty. This includes taking preventative measures, promptly rectifying defects, and ensuring structures remain fit for their intended purpose. Where long-term deterioration, decay, or lack of maintenance has affected part of a lot, responsibility may rest with the owner regardless of any separate failure of common property infrastructure.

If the owner seeks to have the body corporate repair the deck or reimburse them for the repair, they will generally be required to satisfy an adjudicator that:

1. there was a contravention of the Act or community management statement, such as a failure by the body corporate to maintain common property utility infrastructure;
2. the contravention caused damage to their property, for example, the water escaping from the burst pipe caused damage to the deck;
3. the body corporate was responsible for that contravention; and
4. the damaged property was in good condition.

Where the evidence establishes that both the body corporate’s failure to maintain the common property pipe and the owner’s failure to adequately maintain the deck contributed to the damage, an adjudicator may determine that liability should be apportioned between the parties.

This post appears in the October 2026 edition of The QLD Strata Magazine.

Brooke Cunningham
Mathews Hunt Legal
E: admin@mathewshuntlegal.com.au
P: 07 5555 8000