This article discusses responsibility for balcony leak repairs in strata properties, outlining lot owner and owners corporation obligations under the Owners Corporations Act 2006.
Question: What rights do I have to require the owners corporation to fix my balcony and the apartment below if a balcony leak was first raised five years ago but never addressed?
Six months after I purchased an apartment, I received a notice that my balcony was leaking and causing damage to the apartment below. When I reviewed the past AGM minutes, I found that the leak was mentioned five years earlier but no breach notices were served. Can I request that the owners corporation repair my balcony and the one below?
Answer: First, determine the source and cause of the leak.
The first step in addressing this question is to determine the source and cause of the leak. In many cases, balcony leaks occur because of a failed waterproofing membrane beneath the tiles. However, there may also be building elements on the balcony that are common property, and if these have caused the water ingress, responsibility may rest with the owners corporation (OC). For this reason, the plan of subdivision must always be reviewed before liability can be assigned. This document defines the boundaries of each lot and the common property, as well as who is responsible for the repair and maintenance of these respective areas.
Confusion frequently arises where boundaries are defined by what is known as “interior face.” If a balcony is subject to interior face boundaries, the lot extends to the interior face of any wall, floor, ceiling, window, door, or balustrade of that section of the building. In practical terms, this means that internal coverings such as tiles, waterproof membranes, and fixtures attached to the balcony surface form part of the lot and are not common property. The Victorian Civil and Administrative Tribunal (VCAT) has consistently confirmed this interpretation, ruling that where interior face boundaries apply, the responsibility for maintaining the waterproofing membrane and balcony tiles lies with the lot owner rather than the OC.
The liability of a subsequent lot owner for water ingress depends on whether they fail to repair and maintain their property within a reasonable time after becoming aware of the issue. If an owner knows that water is flowing from their lot and does not take reasonable steps to prevent the problem from worsening, they may be liable for any resulting damage to other lots. Expert evidence, such as a building consultant’s or plumber’s report, is often relied upon to establish both the source of the leak and whether there has been water ingress from one lot to another. Where a lot owner ignores or fails to act on a notice to repair or maintain their property, this will also weigh heavily in any assessment of liability.
Under section 129 of the Owners Corporations Act 2006 (Vic) , lot owners are obliged to properly maintain, in a state of good and serviceable repair, any part of their lot that affects the outward appearance of the lot or the use or enjoyment of other lots or the common property. If the plan of subdivision shows that the balcony falls within the lot boundaries, then the owner is responsible for repairing and maintaining it. The fact that the OC was aware of the leak years earlier, as shown in the AGM minutes, but did not issue breach notices does not diminish the responsibility of a subsequent lot owner to repair and maintain their balcony once they are notified of a leak emanating from it.
If the OC agrees to carry out repairs to the balcony and the lot below, its committee will likely consider whether the “benefit principle” should apply. This principle allows the OC to allocate the cost of works on the basis that those lot owners who benefit from the repair are the ones who pay for it. In practice, this may mean that the owners of the lots directly affected by the leaking balcony are required to cover the repair costs, rather than all lot owners.
Leila Idris
Grace Lawyers
E: [email protected]
This post appears in the October 2025 edition of The VIC Strata Magazine.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NAT: Q&A Opportunity cost of delaying strata repairs
- VIC: Q&A Who’s Responsible? A Guide to Common Property
- VIC: Q&A Owners Corporation Repairs and Maintenance
Visit our Maintenance and Common Property OR Strata Title Information Victoria.
Looking for strata information concerning your state? For state-specific strata information, take a look here.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
Leave a Reply