QLD: Who is responsible for water ingress repairs and damage in a building format plan under queensland body corporate laws

Question: What are the maintenance responsibilities of a Body Corporate when it comes to water ingress?

Which section of the body corporate legislation refers to the maintenance responsibilities of a Body Corporate for a Queensland Building Format Plan 12 story apartment block under a Standard regulation module?

Our building has a water ingress issue with rain and wind driven rainwater entering from balconies and damaging the building. Once inside, the rainwater accumulates behind internal walls, bubbles paintwork then leaks out from the ceiling and cornices, down walls and soaks into the carpet.

Who is responsible for repairs? It is my understanding the Body Corporate is responsible for maintaining the waterproofing membrane but who has to pay for the damage caused by the water? If the BC pays for the waterproofing membrane, are the Lot owners left to replace carpets, fix walls, repaint etc?

Answer: There is a common misconception that the body corporate is responsible for keeping a building watertight.

Section 180 of the Body Corporate and Community Management (Standard Module) Regulation 2020 (Qld) sets out the body corporate’s maintenance obligations for common property.

The body corporate would only be responsible for the water ingress repairs and damage to the lot if the cause of the water ingress specifically relates to an item the body corporate is responsible for.

There is a common misconception that the body corporate is responsible for keeping a building watertight. That is not the case if the cause of the water ingress is due to something a lot owner is responsible for, which can include (as just some examples):

1. Improvements made to the lot or common property; or
2. Defects in the lot (such as the tiles and not the membrane).

For this issue, the first step would be to obtain an expert report which makes a conclusion as to the cause of the water ingress. From there the responsibility can be apportioned to the correct party or parties.

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