Question: Who is responsible for making good ceilings opened up to replace fire dampers?
I am chairman of our committee. Recently, while a unit was being renovated, we discovered by chance that several units have fire dampers installed.
A specialist company inspected the units and found that the fire dampers in each one had been sealed up, either by owners, previous owners, or at the time of construction.
Owners paid to have their own ceilings exposed so new fire dampers and ducting could be installed for $7,000 per unit. The committee paid for this work and will continue to inspect the dampers.
The owners have now asked the body corporate to pay for making good the ceilings. We’ve stated this is down to the owners, since the ceilings are internal, inside their own units, and are the owners’ responsibility.
We feel this is fair to the other owners who aren’t affected, as those on the top floor have a different exhaust venting system that vents directly onto the roof, with no fire dampers involved.
Is our position correct, fair and reasonable?
Answer: If the ductwork was the body corporate’s maintenance responsibility, it’s likely reasonable for the body corporate also to pay to make good the ceilings.
If a body corporate is responsible for maintaining part of a building, the body corporate will also generally be responsible for any incidental works required to investigate or gain access to that part of the building. This includes any make-good works to reinstate affected property to its original condition. I assume the internal ceilings were exposed at the request of the body corporate, or that those works were necessary to investigate the fire damper issue. If those duct works were part of the body corporate’s maintenance responsibility, then my preliminary view is that it would be reasonable for the body corporate also to pay to make good the internal ceilings.
This post appears in the October 2026 edition of The QLD Strata Magazine.
Brendan Pitman
Grace Lawyers
E: brendan.pitman@gracelawyers.com.au
P: 07 5554 8560
Jarad Maher
Grace Lawyers
E: jarad.maher@gracelawyers.com.au
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