Who is responsible to fix the waterproofing system and also the associated tiles on wall and floor? – May, NSW

Q: I live in a strata complex which is 4 storeys high, I live at the ground level so call townhouse, the townhouse has 2 floors inside. Above me is another 2 storey consisting of a 1 level unit, and a unit which has split levels (2 floors).

My question is: on the bathroom which is located on the 2nd floor of my townhouse, there are 2 bathrooms. I had a problem with the shower recess waterproofing and the water penetrate into the wall next to my bedroom. These bathroom walls are not attached to any common wall with the next unit as it is located in the middle of the 2nd floor.

My question is who is responsible to fix the waterproofing system and also the associated tiles on wall and floor. All these are original, no renovation. I am so confused as they say the internal wall is not common property. Also if the water penetration is from the unit above (not sure how, possible poor construction), again who is responsible?


A: It would be best to check your subdivision plan and by-laws as they will give you important insight into which parts of your property fall under your lot, therefore being your responsibility to repair and maintain, and which will fall under common property for your strata committee to repair and maintain.

If there is water damage from the unit above, one of two situations may occur:

1) If the water damage is coming from the unit owner’s lot due to damage or negligence to repair water leaks resulting in water penetration and damage to your lot, it will be the lot owner’s responsibility to pay for repairs.

2) If the water damage is coming from within the walls from, for example, common property pipes that have burst, it will then be the responsibility of your strata committee to pay for repairs.

If you are looking for strata repairs, consider trying Assured Building Maintenance who have over 1,000 tried and vetted contractors ready to help with your needs.