Question: If the t-piece of the water pipe in the en-suite needs repair, is the Body Corporate responsible for the rectification?
Answer: Once the pipe enters your lot, it becomes your responsibility.
Responsibility for all maintenance including infrastructure (cables, wires, pipes, etc.) is defined in the Body Corporate and Community Management Act.
There is also the question of whether your scheme is a Standard Format Plan SFP (previously known as a Group Title Plan GTP) or a Building Format Plan BFP (previously known as a Building Unit Plan BUP).
I have provided this response on the basis of your body corporate being a BFP which is your typical three story walk up or multi levy unit block. It could also be a town house development.
Section 20 of the BCCM Act provides that utility infrastructure is treated as common property; however, there are exceptions to this. It will not be treated as common property if:
- that the utility infrastructure is solely related to supplying utility services to a lot
- that the utility infrastructure is within the boundaries of the lot, and
- that the utility infrastructure is located other than within a boundary structure for the lot (‘boundary structure’ means a floor, wall or ceiling that is the boundary of the lot with another lot or the common property).
To break this down to more simplistic terminology, if the water pipe or fitting is located within a boundary wall between your lot and another lot, the boundary of the lot being the centre point in the dividing wall, then this would be a body corporate responsibility. Once the pipe enters your lot, it becomes your responsibility.
If the pipe or fitting is not in a boundary structure and supplies water to your lot only, the responsibility is with the lot owner to repair. It may be contained in a wall that is within your lot, say your bathroom ensuite wall divides the kitchen from the ensuite. If this is the case, the pipe t-section is contained wholly within your lot and the responsibility of maintenance is with the lot owner.
Below is a basic plan of Utility Infrastructure in a BFP.
Utility infrastructure responsibilities
- The body corporate
- The cold water pipes or cables shown in red on the utility infrastructure plan above, as they are located within a boundary structure.
- The lot owner
- The cold water pipes or cables shown in blue on the utility infrastructure plan above, as they service Lot 1 only, and are located within an internal wall and not a boundary structure.
You have noted that the T-piece of the water pipe is in your ensuite. Without seeing a plan of your unit, I cannot determine who is responsible. However, the above diagram may be of help to you.
This post appears in the November 2021 edition of The QLD Strata Magazine.
Karen Thompson Vision Strata E: contact@visionstrata.com.au P: 07 5630 6546