Why do I need to repair my ceiling when the unit above me leaks?

Water damage in a strata lot is a very confusing process for owners to understand.  

Section 68 of the Strata Property Act describes the boundaries of a strata lot. Strata Corporations are responsible for repairing “common and limited common property”. Inside a strata lot isn’t common property and therefore is an owner's responsibility to repair and maintain. Strata Corporations must ensure common property and the original fixtures of the strata lot, ensuring and repairing are different.   

As a Landlord what does this mean when water leaks from outside your strata lot causing damage inside your unit. Where the water originated from is irrelevant owners are responsible to repair damage to their own strata lot. Having insurance for your strata lot is imperative in these situations. 

When a leak or stain appears on your ceiling you should do two things, first call your insurance provider to advise them of potential damage to your unit. If water isn’t pouring through the ceiling it is most likely a leak or spill from another unit or area in the building. 

The ceiling belongs to you, so the second thing an owner should do is arrange for a contractor, possibly a plumber to investigate what is causing the damage. This cost will be  an owner expense since you are the owner of the damaged ceiling.

After the plumber has identified where the water originated from, then you can determine who is required to repair your ceiling. Strata Corporations are responsible for common property repairs only. Section 68 describes the strata lot boundary as being midway  between the two walls. What this means is you and the owner above you own half of the space between the walls. The common property between the two units for Strata Corporations to repair are structural beams, pipes, cables, wires, etc as described in the Strata Property Act. If the water originated from the unit above and not from a common property pipe the Strata Corporation is not responsible for the repair. 

When a leak originates from a common property pipe in the wall or ceiling a Strata Corporations responsibility stops at repairing the leaking pipe, they aren’t responsible for repairing your damaged ceilings or walls. If the unit above is the cause of the leak, you and your insurance provider should communicate with the other strata lot owner and their insurance provider to resolve the issue.      

Having proper insurance for your rental property is imperative for these situations. When you rent your strata lot there should be three insurance policies on the property. One is the Strata Corporations insurance which covers common property, the home owners insurance which would cover the strata lot and situations as described above, finally the tenant should have insurance to protect themselves while renting. Each insurance will provide different coverage for the policyholder.   

Renting your strata lot can be confusing. Cartref Properties can assist you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com

Strata lot boundaries

68   (1)Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.

(2)If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan.

(3)A boundary shown on the strata plan must be shown in a manner approved by the registrar.

(4)Despite subsections (1) to (3), but subject to the regulations, in the case of a bare land strata plan, the boundaries must be shown on the strata plan

(a)by reference to survey markers, and

(b)in compliance with rules, if any, made under section 75 of the Land Surveyors Act for the purposes of this section.