A leak in an apartment raises a question before anyone picks up a spanner: is this the lot owner’s problem or the owners corporation’s? In NSW the answer usually depends on where the pipe is and what it serves. Here is how it generally works.
The general rule in NSW
Under the Strata Schemes Management Act 2015, the owners corporation must maintain and repair the common property. Lot owners look after what belongs to their lot.
For most modern strata plans, the boundary of a lot is the inner surface of its walls, floor and ceiling. That leads to a useful rule of thumb:
- Usually common property: pipes inside walls, floor slabs and ceilings, risers and stacks serving more than one lot, and the building’s main water, sewer and stormwater lines.
- Usually the lot owner’s: fixtures and fittings inside the lot that serve only that lot, such as taps, toilet cisterns, flexi hoses and visible pipework under sinks, as well as appliances like a hot water system that serves one unit.
Why “it depends” is the honest answer
- Older plans can differ. Boundaries on strata plans registered before 1974, and on some plans since, may be drawn differently.
- By-laws can change responsibility. Some schemes adopt by-laws, such as a common property memorandum, that make lot owners responsible for certain items that are technically common property.
- Renovations matter. Work done under a by-law approval can come with ongoing maintenance obligations for that owner.
Your strata plan and by-laws are the documents to check, and the strata manager can usually confirm which applies. This article is general information, not legal advice.
What to do when you find a leak
- Stop the water at the nearest isolation tap if you can, especially if it is affecting the unit below.
- Tell the strata manager or building manager straight away, in writing, with photos.
- Let the plumber find the source before anyone assigns responsibility. Water travels, and a stain on a ceiling can start two floors up.
- Keep records: photos, the plumber’s report and invoices all help with insurance and cost sharing.
Plumbing for strata managers and owners
Our property care and strata plumbing service works with strata managers, property managers and owners. We give clear reports on where a fault is and what it serves, so the right party can act quickly. For burst pipes and leaks into neighbouring units, call our 24/7 emergency line on 0450 876 713.
We look after apartment buildings across Ryde, Lane Cove, the North Shore, the Eastern Suburbs and the Northern Beaches.
