Question: Our scheme has a blocked underground storm drain pipe flowing down from an external neighbour’s property into our drain network. Who pays for unblocking the drain?
Our 30 lot Accommodation Module scheme has a blocked underground storm drainpipe flowing down from an external neighbour’s property into the body corporate’s drain network. There is no open storm drain pit connected to this pipe or a tree growing in the vicinity in the body corporate section of the pipe. The blockage may be in the body corporate’s section of the pipe downhill.
Who pays for the unblocking of an underground stormwater drainpipe in the above scenario?
Answer: The party that owns the pipe should pay for the unblocking.
The simple answer would be that the party that owns the pipe should pay for the unblocking.
The difficulty is likely in establishing which party owns the pipe and then having that party take action to rectify the issue.Identifying ownership could be difficult. Review any plans you have for the scheme, particularly sewerage plans to see if there is any indication. If necessary, you may need to obtain these plans from the council.
You could also try reporting the issue to the council – different councils may handle these issues differently. Even if it is not their responsibility, they may point you in the right direction.
You could also engage a plumber to inspect the pipe with a camera. They may be able to identify the location of the blockage and advise you on ownership.
A further alternative could be to contact your neighbours to discuss the issue – if it is bothering you, it may well be bothering them. Who knows, maybe they have already arranged for someone to clean it, or maybe they are unaware that it is a problem at all.
Your body corporate manager should be able to help you with the legwork. If the issue was serious enough, you could also consider appointing a lawyer to help you try to resolve the matter. A legal demand may also be necessary if you identify the responsibility to an external party and they are reluctant to take action.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924