When a plumbing issue arises in a strata scheme, determining whether the homeowner, building manager or strata owners corporation is responsible for plumbing repair and maintenance can sometimes be complicated and confusing.
Strata property water damage adds another layer of complexity, as responsibility for repairs and costs can vary depending on the location of the damage within the property. Issues such as burst pipes and potential mould formation require clear guidelines to determine whether lot owners or strata management are accountable.
Conventionally, plumbing involves many elements hidden behind walls or under floors. Since plumbing parts aren’t always easily visible, establishing who is responsible for repairs can be difficult.
At Tunnel Vision, we have created a comprehensive guide to help you understand the strata repair process and how to determine which party is responsible for various common plumbing problems.
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Understanding Strata Plumbing Systems
Strata plumbing systems are intricate networks designed to serve multiple units within a strata property. These systems can be prone to leaks, blockages, and other issues that may lead to significant water damage.
Understanding how these systems function is crucial for identifying potential problems and determining who is responsible for repairs.
In a strata property, the plumbing system is typically divided into common property and individual lot components. Common property includes pipes, fixtures, and appliances that serve multiple units, such as main water lines and shared sewer drains. On the other hand, individual lot components consist of pipes, fixtures, and appliances that serve a single unit, like a kitchen sink or a bathroom shower.
Knowing this distinction helps pinpoint the problem's source and understand whether the responsibility lies with the lot owner or the owners corporation.
Guidelines for Strata Plumbing Responsibility
Even if you take all precautions to try and eliminate the possibility of plumbing problems and damage, sometimes it just happens. As a lot owner within a strata scheme setting, you may find it difficult to determine who you should talk to should you suffer property damage, and what exactly you are responsible for repairing.
Water damage in strata can arise from various causes, making early detection and prompt action crucial to prevent serious issues.
If you are a lot owner, it is recommended that you report any plumbing issue or damage, either within your property or on common property, as soon as you can. After notifying the strata owners corporation, it is their duty to arrange for a professional to inspect the damage and conduct a liability assessment.
It shouldn’t be necessary to call a meeting for minor repairs, but it’s always good to double-check with your strata owners corporation’s rules. More extensive repairs may require the strata owners corporation to meet and discuss the potential repair costs and course of action.
General Guidelines
The following guidelines not only cover water-related damage, but also extends to electrical and fire-related issues:
1. When common property is damaged, the strata owners corporation is responsible for the repairs. This also includes repairs to the item causing the damage, such as a burst pipe or clogged drain.
2. Should there be any property damage to a strata lot or common property, and the cost of the damage exceeds the strata owners corporation’s insurance deductible, the affected parties may submit an insurance claim using the owners corporation’s policy.
The owners corporation will pay for any repairs, excluding improvements or enhancements. The insurer will then reimburse the corporation. If the damage is less than the minimum deductible or only slightly exceeds it, the owners corporation may decide to file strata insurance claims. This will, therefore, not void lot owners insurance benefits.
3. When the property damage originates from one lot and spreads to another lot or the common property, the strata owners corporation could assign the responsibility to the owner and ask for reimbursement of the insurance deductible.
Many owners corporations endorse a ‘chargeback’ by-law that permits them to claim the deductible from the responsible lot owner without going to court.
4. In the case of a plumbing emergency, such as a burst water pipe in the middle of the night, the owners corporation, through the strata manager, will be summoned to immediately act. This is because, at that point in time, the source of the leak may be unclear.
As it is unreasonable to ask the lot owner to take care of the problem themselves, the owners corporation should arrange for a plumber, roofing contractor or any relevant professional to stop the leak immediately.
Owners Corporation Responsibilities
The owners corporation plays a pivotal role in maintaining and repairing common property, including the plumbing system. Their responsibilities encompass:
- Conducting regular plumbing system inspections and maintenance to identify potential issues early.
- Repairing or replacing damaged or faulty pipes, fixtures, and appliances that are part of the common property.
- Ensuring that the plumbing system is correctly connected to the sewer and water supply to prevent any disruptions.
- Managing and resolving disputes related to plumbing issues to maintain harmony within the strata complex.
- Depending on the strata bylaws and the specific location of the damage, the owners corporation may also bear the financial burden of repairs and maintenance costs.
This proactive approach helps mitigate extensive damage and ensures the smooth functioning of the strata property.
Lot Owner Responsibilities
Lot owners are responsible for the upkeep and repair of individual lot components, which include the pipes, fixtures, and appliances that serve their specific unit. Their responsibilities include:
- Regularly inspecting and maintaining their plumbing system to catch potential problems early.
- Repairing or replacing any damaged or faulty pipes, fixtures, and appliances within their unit.
- Ensuring that their plumbing system is correctly connected to the sewer and water supply to avoid any issues.
- Promptly notifying the owners corporation of any plumbing issues that may affect common property or other units.
Lot owners may also be liable for the costs associated with repairs and maintenance, depending on the strata bylaws and the location of the damage.
Staying vigilant and proactive can help lot owners avoid costly repairs and maintain the integrity of their unit.
Who is Responsible for Common Strata Plumbing Problems and Strata Water Damage?
1. Blocked Drains
Blocked drains are one of the most commonly experienced plumbing problems. To determine who is responsible, you must first identify the location of the blocked drain. Typically, a blocked kitchen sink drain or a blocked toilet drain will be the responsibility of the lot owner, as the blockage will likely be located within their property.
Blocked shower drains and other floor drains are the exception as they typically fall under the jurisdiction of the owners corporation. This is because the pipes running from these drains often go underneath the floor and service multiple lots. In cases like this, it can be difficult to determine whether a lot owner caused the blockage.
Regular inspections of the strata building's sewer drains are crucial to prevent extensive property damage caused by sewer blockages. The owner's corporation is responsible for this maintenance to enable early detection and prompt treatment of any blockages that may arise.
In addition, this type of blocked drain will often affect multiple lots, so the strata owners corporation will likely be responsible for repairing the damage. The same applies to blocked sewer drains as they generally serve the entire strata complex, not individual lots, so they will be the strata owners corporation’s responsibility.
2. Burst Water Pipes
The responsibility for repairing a burst water pipe can vary depending on its location and function. As a general rule, the strata management company is responsible for any burst or leaking pipes underneath the floor, while the lot owner is responsible for the pipes underneath the floor.
Water leaks in strata properties can lead to significant implications and responsibilities. Early detection is crucial to prevent extensive water damage, and understanding who is accountable for repairs can be confusing. Common causes of water leaks should be identified, and insurance coverage for water damage should be reviewed to manage related expenses and disputes among property owners.
However, some scenarios don’t follow this rule. For example, you might have a pipe that runs through your walls, which you would think would be your responsibility. However, if that pipe services both your lot and the lot above you, it will be the responsibility of the owners corporation to fix it. Burst pipes that run inside the wall between two strata property lots typically fall to the strata owners corporation too.
When a pipe bursts, you’ll likely have water damage to contend with as well. Whoever is responsible for fixing the burst water pipe typically will have to cover the cost of repairing the water damage too.
In cases of water damage, mould and mildew can form if the problem is not addressed quickly or if the repair technician doesn’t thoroughly dry out the area. If mould or mildew is located on the internal walls of your lot, it will most likely be up to you to fix it. However, if it forms on the ceiling, floor, external walls, or shared boundary walls, the strata owners corporation is responsible.
3. Leaking Fixtures
Fixtures like taps and shower heads are typically sealed tightly to prevent leaks. However, over time, those seals can wear out and deteriorate, resulting in leaking from the base of the tap and shower head. Since these are all internal lot components, they will nearly always be the responsibility of the individual lot owner.
Fortunately, these tend to be relatively easy fixes so you shouldn’t need to worry about too much of an impact on your wallet. Depending on the extent of the damage, you may be able to simply repair or replace the seal to get everything working properly again. In cases of major damage, you might need to replace the entire fixture.
4. Balcony Leaks
If the lots in your strata property have balconies, you will know how frustrating it can be when water pours from the balcony above onto your own. In this case, strata plumbing responsibility depends on the reason behind the leak. If the water is running down from the roof or a burst pipe in the area, it will typically be up to the strata owners corporation of the building to address the plumbing issue.
However, most often it is that your upstairs neighbour has plants on their balcony. When they water those plants, any excess water can spill over the sides and onto your balcony below. Your strata owners corporation may have specific rules regarding instances like this, though that is not always the case.
You may be left on your own devices to deal with this problem. Often, all you’ll need to do is have a brief chat with your neighbour to get them to be more mindful of where the water is going.
5. Major vs. Minor Repairs and Maintenance: Strata Insurance Considerations
If a repair will be relatively easy and inexpensive to fix, you may wish to simply take care of it on your own rather than dealing with the bureaucracy of the strata owners corporation. This is perfectly fine, unless your strata scheme has specific rules forbidding it.
However, for major repairs it is always a good idea to check with your strata manager first. If you believe the problem to be their responsibility, make every effort to get the strata body to cover the cost. You don’t want to be left footing the bill if you don’t have to.
Insurance and Liability
Strata insurance generally covers damage to common property, including the plumbing system. However, individual lot owners should consider obtaining their own insurance to cover damage to their unit and personal belongings. This dual approach ensures comprehensive coverage in the event of a plumbing issue.
When a plumbing problem arises, the owners corporation or lot owner may need to lodge an insurance claim to cover the repair costs. The insurance company will assess the damage and determine liability based on the strata bylaws and the specifics of the incident.
Understanding the nuances of strata insurance can help both parties navigate the claims process more effectively.
Disputes and Resolution
Disputes over plumbing issues and repair responsibilities can arise between lot owners and the owners corporation. To resolve these disputes effectively, it is essential to:
- Review the strata bylaws and relevant legislation to determine the responsible party for the repairs.
- Obtain legal advice to understand the rights and responsibilities of all parties involved.
- Attempt to resolve the dispute through mediation or negotiation to avoid lengthy legal battles.
- If necessary, escalate the dispute to a tribunal or court for a formal resolution.
By understanding the strata plumbing system, the responsibilities of the owners corporation and lot owners, insurance and liability considerations, and dispute resolution processes, both parties can work together to prevent and address plumbing issues in strata properties efficiently.
How to Prevent Strata Plumbing Issues Arising
A proper maintenance schedule will help identify significant risk areas both visible and invisible. Some damage may go unnoticed for prolonged periods and won’t be spotted until visible evidence arises such as leakages, dampness and mould.
It’s important to try and identify damage early on to prevent spread to other strata property lots or the common property. In most cases, an insurance company will not cover damages that are a result of poor maintenance, wear and tear, or a problem that has been neglected and left to deteriorate over time.
If you live in an area that reaches freezing temperatures during winter, your water pipes could freeze and burst, causing extensive damage. Before the cold weather sets in, identify any piping or equipment which may be susceptible to freezing. Lot owners can prepare for the cold weather by draining any plumbing equipment and condensation units and protecting them with an anti-freeze product.
During the winter season, it is recommended to inspect your plumbing system on a semi-regular basis to identify if there are any plumbing issues. Turn on your taps and check if there is a steady flow of water. If the water flows slowly or is non-existent, your pipes may be frozen. Should you suspect that there is a frozen pipe within your lot or on common property, contact your strata manager immediately.
If you notice that water pressure is a concern, the owners corporation should consider installing pressure limiting valves at the main supply to reduce the pressure of the water before it enters the strata building. Such valves will help extend the lifespan of the pipes by about five years by minimising vibrations and deterioration.
Sewer blockages can also cause extensive property damage. The owner's corporation is responsible for having the strata building’s sewer drains inspected regularly to allow for the early detection of blockages and that they can be treated promptly.
In the case of a blockage, the owners corporation can call upon a drain specialist such as Tunnel Vision who will use advanced drain unblocking technology such as CCTV drain cameras and drain cleaning equipment to fix the blockage in a safe, timely and efficient manner.
Still Unsure? Speak to Tunnel Vision Today!
No matter who takes strata plumbing responsibility for the entire building structure, you’ll need a plumber who is experienced in working on strata properties, like our technicians here at Tunnel Vision.
We’ll be happy to help you identify the source of the issue, repair the damage and get everything back to normal as quickly as possible. Reach out to us today on 1800 631 799 or book an appointment online!
Disclaimer: We recommend that all property owners refer to their own Strata Plan and or Management and or obtain legal advice in relation to property boundary definitions to determine responsibility.