QLD: Who is responsible for replacing a stolen copper pipe on external walls in a strata building?

Question: A copper pipe has been cut and stolen from an external wall in our strata building. Is the owner or body corporate responsible for repairing and replacing the pipe?

Answer: If a copper pipe has been damaged/removed/stolen, it is not in good condition and needs to be remedied.

The body corporate is responsible for ensuring that common property is kept in good condition. If a copper pipe has been damaged/removed/stolen, it is not in good condition and needs to be remedied.

Utility infrastructure automatically forms part of the common property unless it only services one lot and is located wholly within the lot. Assuming the lots in the scheme are created in a building format plan, I am going to assume the external pipe forms part of the common property – which would make the body corporate responsible for the replacement.

However, this may be a different answer if:

1. the lots in the scheme were created in a standard format plan;
2. the lot owner installed the pipes; or
3. the pipe only services a single lot and is connected to a device.

Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753