This VIC article is about who is responsible for balcony repairs in Victoria.
Table of Contents:
- QUESTION: Our balcony is leaking. The waterproof membrane has failed, however the substrate also needs to be replaced. If the Owners Corporation is replacing the substrate, do we need to pay for the waterproofing and tiling?
- QUESTION: I own a lot in VIC. The waterproofing of my balcony isn’t covered by strata insurance. It is the lot owner’s responsibility to maintain and repair? Is there an insurance product available that insures me for damage to the waterproofing on my balcony?
- QUESTION: When it rains, water backs up into the door tracks and drains into my garage below. The OC will not assist as they say it is not their problem. How do I solve this?
- QUESTION: 1 in 5 apartments in our building have balcony problems. The developer has carried out the repair of balcony tiles previously but refuses to do more. Who is responsible for balcony repairs?
Question: Our balcony is leaking. The waterproof membrane has failed, however, the substrate also needs to be replaced. If the Owners Corporation is replacing the substrate, do we need to pay for the waterproofing and tiling?
Our balcony is leaking and it appears we will need to re-waterproof the area. We have engaged a contractor to do a remedial membrane since the tiles are in good condition and don’t need to be replaced. However, a recent report on the building stated that there is a damaged substrate below our balcony and the material used in construction is not “ideal” for use under balconies.
The Owners Corporation wants to rip up our tiles and membrane to fix the substrate; but if they rip up our balcony, aren’t they then required to repair what they’ve taken up? They’re saying we need to pay to re-membrane and re-tile our balcony. We agreed to do a remedial membrane, but we feel it’s unfair to pay for re-tiling when they are the ones ripping it up to fix the substrate.
Answer: If the membrane were intact, we believe the Lot Owner would have a solid argument that any damage caused in rectifying the substrate should also be covered at the Owners Corporation’s expense.
In our experience the balustrades and slab form part of the Owners Corporation’s common property, whereas the membrane and tiles are the Lot Owners property/responsibility to maintain. If the membrane were intact, we believe the Lot Owner would have a solid argument that any damage caused in rectifying the substrate should also be covered at the Owners Corporation’s expense.
However, as the membrane is compromised and requires remedial repairs, it would be an opportune time for the Owners Corporation to complete repairs to the substrate. Whilst the Lot Owner has proposed a remedial repair approach to the membrane to prevent any damage to the tiles, this solution would have a limited life expectancy and require ongoing maintenance.
It should also be noted that taking a remedial repair over replacement of the membrane may see these works completed under a non-warranty replacement agreement, meaning that the supplier providing the repair may not warrant their work as you would get with a full membrane replacement. In addition to this not having the correct foundation (substrate) in place, it could result in a more costly repair and/or replacement at a later date and rework in the long run.
Being in Victoria, we would need a copy of the plan of subdivision to confirm whether any part of the balcony forms part of the Owners Corporation’s common property.
Braden Sharma Sedgwick E: braden.sharma@au.sedgwick.com P: 0457 715 091
This post appears in the November 2022 edition of The VIC Strata Magazine.
Question: I own a lot in VIC. The waterproofing of my balcony isn’t covered by strata insurance. It is the lot owner’s responsibility to maintain and repair? Is there an insurance product available that insures me for damage to the waterproofing on my balcony?
Answer: Costs associated with maintenance of a property are part of the risk of owning a property.
The general principle for insurance is that maintenance costs are costs for the property owner – similar to tyres and radiators failing in a car.
All policies will have exclusions associated with wear and tear, gradual deterioration, developing flaws, building defects, rectification of faulty workmanship etc.
While the maintenance cost can be high for membrane repairs, I am not aware of a product or policy on the market that provides maintenance cover (just like I am not aware of any policy that provides cover to fix a burnt out car radiator).
In this instance, costs associated with maintenance of a property are part of the risk of owning a property.
Tyrone Shandiman Strata Insurance Solutions E: tshandiman@iaa.net.au P: 1300 554 165
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
This post appears in the July 2022 edition of The VIC Strata Magazine.
Question: When it rains, water backs up into the door tracks and drains into my garage below. The OC will not assist as they say it is not their problem. How do I solve this?
I live in a 2 story townhouse in a block of 8. The block is about 15 years old. I have a street level sliding door opening onto a 25 sqm balcony. I was told by tradesmen that the issue is due to a building defect causing my balcony to sit higher than it should.
The sliding door tracks are buried into the balcony so rainwater cannot drain out of the tracks and instead, flows into the garage below. The OC will not help as they say it’s not their problem.
Answer: There should be a step down from the inside of the apartment to the outside of the balcony.
In accordance with the building code, there should be a step down from the inside of the apartment to the outside of the balcony. That step can vary, but we’re talking around 75 millimetres or 3 inches. This can change dependent on the exposure of the particular building, type of building and what exposure it has to the coast, etc.
That step is, very regularly, compromised. Modern architecture has a big part to play in that. We all enjoy that indoor outdoor living transition where don’t want to step over something or down, we’d like to just go straight out onto the balcony.
How have they overcome that in modern architecture? One of the solutions is strip drains at the openings, and effectively the step is within that strip drain where there’s an ability to capture the water before it can come inside.
The purpose of a step is that if you looked at an outdoor balcony, if there is a 75 millimetre step, the balcony can effectively fill up like a bathtub. It’s not until the water reaches that 75 millimetre height that it will spill inside. That’s your layer of protection. You would like to think that by then the water has overflowed off the balcony and you don’t have a problem.
The problem outlined in the question is very, very common. We see this regularly. This building is 15 years old. Quite often around that era, many buildings alleviate that step. Also, in a building of that age people make decisions to renovate. They may choose to put tiles on the balcony, the floor gets built up and all of a sudden it eliminates that step.
Drainage is normally in the aluminium sill. When the water hits the glass door it runs down into the track at the bottom and there are slits that allow the water to escape onto the balcony and run away. If you cover those slits up, it’s like putting a plug in a bathtub and the water can’t get out. Water will build up and the closest place it can go is normally inside the apartment because that is it’s only form of escape.
When those slots are blocked, you are limited in what you can do. Are there retrofitted tiles on the balcony? If so, they may need to come up and the floor lowered to a new height if that’s possible. Another solution, and we’ve done this before, is for contractors to cut strip drains to allow the water to escape. This solution is very dependent on the structure below as you may not be able to cut into the structural members of the slab.
These issues are normally associated with a lot property problem given it is a balcony and a sliding door. Are there other units in the complex that have the same issue?
Bruce McKenzie Sedgwick E: bruce.mckenzie@au.sedgwick.com P: 1300 735 720
This post appears in the July 2022 edition of The VIC Strata Magazine.
Question: 1 in 5 apartments in our building have balcony problems. The developer has carried out the repair of balcony tiles previously but refuses to do more. Who is responsible for balcony repairs?
On two occasions since buying my apartment in 2014, tiles have popped or cracked on the balcony due to movement in the building. Most recently last month the developer let me know they have carried out the repair of balcony tiles in good faith but aren’t obliged to do this anymore and it will be my expense going forward.
I’m quite sure this may continue to happen as 1 in 5 apartments in our building have been affected at some time and I am worried about the cost. Who is responsible for balcony repairs? Is there any type of insurance I can get that would cover the repair of the balcony for my apartment?
Answer: Most insurers will have exclusions for Building Defects. Developers in Victoria have immunity and I’m surprised they have assisted at all.
Most insurers will have exclusions for Building Defects. Developers in Victoria have immunity and I’m surprised they have assisted at all.
The builder should be contacted if the building is less than 10 years old, Within 10 years from the date of the Occupancy Permit or the Certificate of Final Inspection.
The builder can be held responsible under the Statutory Warranties: Section 8 of the Domestic Building Contracts Act 1995, when building works do not comply with:
- The Contract
- The Planning Permit
- The Building Permit
- The National Construction Code (NCC) – Formerly BCA
- The Building Act or its Regulations
- Relevant Australian Standards
All domestic building work must be carried out:
- In a proper and workmanlike manner and in accordance with the plans and specifications
- In accordance with and comply with all laws and legal requirements
- With reasonable care and skill
- So that the home will be suitable for occupation on completion
- Materials supplied will be good and suitable for purpose
If Builder is in breach of a section 8 warranty:
- The works can be considered defective/non-compliant works
- Owners can seek damages
- Damages equate to the costs for the works to be rectified
- Subject to a test of necessity and reasonableness
- Necessary to produce conformity
- Rectification would not be unreasonable
If the building is less than 3 stories, Building Warranty Insurance can be used if the Builder is Dead, Disappeared or Insolvent (DDI) or if the builder fails to comply with a Tribunal or Court order after 28 days.
Sahil Bhasin General Manager Roscon Group T: 1800 767 266 E: info@roscon.com
This post appears in Strata News #172.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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