Question: Who is responsible for repairing the incorrectly installed pipe and the resulting water damage to the lot below? We are outside the builder’s warranty period.
Our building was built in 2016. Lot owners noticed water coming into their unit from above. An inspection of the manhole found that an upper unit’s pipe was not hooked up to an outlet drain. This was not picked up during the builder’s warranty period, as the previous owners of the lot never used the air conditioner unit.
The top unit owner believes it’s a builder defect, and the body corporate says it’s the top owner’s responsibility. In the meantime, the downstairs owners had to open a wall and hook up a pipe so the water would run into a bucket.
The builder’s air conditioning company has now passed away, and, as it’s been over 7 years, the builder is not responding. Who is responsible for the repair and damage, and how do we move forward?
Answer: If the pipe only services one lot and is connected to a device within that lot, the lot owner would be responsible for fixing the pipe and any resultant damage.
The answer to your question depends on who has the maintenance obligation over the pipe.
Generally, if the pipe only services one lot and is connected to a device within that lot, the lot owner would be responsible for fixing the pipe and any resultant damage.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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