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ARTICLE · 15 AUGUST 2022

Leaks in an apartment building – Who is responsible?

Coleman Greig Lawyers
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Moisture can quickly spread within walls and floors of a building, causing permanent damage and feeding mould.

AustraliaReal Estate and Construction
Ben Johnson
Ben Johnson
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Leaks in an apartment building can cause property damage, toxic mould and make an apartment unsafe to live in. Leaks don't always result in visible running water. Signs of water damage include blistering and bubbling paint, rotting wood and mould.

It's vital that you act quickly to fix leaks as moisture can invisibly spread within the walls and floors of a building causing permanent damage and feeding hidden mould.

If you live in a strata plan, it will often be the responsibility of the owners corporation to fix leaks. Section 106 of the Strata Schemes Management Act 2015 (NSW) (the Act) requires an owners corporation to maintain and repair the common property in its building. An apartment owner may also be entitled to be repaid for any damage to the inside of their unit or to household items as a result of the leak. In the case of Seiwa v Owners Strata Plan 35042 [2006] the NSW Supreme Court ordered the owners corporation to pay the apartment owner $150,000 in

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