Water Leaks in Strata: Who’s Responsible and What to Do First
If there is one problem that generates more strata disputes than any other, it’s water. A leak that appears as a stain on one owner’s ceiling can have its source three floors up, in common property, or in a neighbour’s bathroom — and until you know which, nobody knows who pays. After thirty years managing Sydney buildings, I can tell you that the buildings that handle leaks well aren’t luckier; they just act faster and in the right order. Here’s how to do the same.
Why Water Is So Contentious
Water damage is uniquely awkward in strata because the damage and the cause are often in different places, owned by different people. A ceiling stain in one apartment might come from a failed waterproofing membrane above, a cracked common-property pipe, a neighbour’s overflowing bathroom, or the building’s external fabric. Because the visible problem is inside one lot but the source may be common property or another lot entirely, the ‘who pays’ question is genuinely unclear until the source is found — and that uncertainty is where disputes breed.
The Usual Suspects
Most strata leaks trace back to a handful of causes:
- Failed waterproofing. The membrane beneath bathroom or balcony tiles degrades over time; when it fails, water finds its way into the structure and the lot below. This is one of the most common — and most expensive — causes.
- Common property pipes. Shared plumbing and stormwater lines that crack, block or corrode.
- Building fabric. Roofs, gutters, downpipes, external walls and windows letting water in from outside.
- Within-lot plumbing. A leak from fixtures, appliances or pipes inside a single apartment.
The General Rules on Responsibility
The starting point is the common property versus lot distinction. The owners corporation has a strict duty under section 106 of the Strata Schemes Management Act 2015 to maintain and repair common property — and crucially, the waterproofing membrane beneath tiles is typically common property, even though the tiles and finishes over it usually belong to the lot. So a failed membrane is generally the owners corporation’s responsibility to repair, even when the damage shows up inside someone’s apartment.
Leaks from common property pipes or the building’s external fabric are likewise generally the owners corporation’s. Leaks originating entirely within a single lot — a burst flexi-hose under a vanity, say — are usually the lot owner’s. But ‘generally’ and ‘usually’ matter: the precise answer depends on the source of the water and on your building’s registered strata plan and by-laws, which is why finding the source is everything.
What to Do First — In Order
Whatever the eventual answer on who pays, the first steps are the same, and speed matters because water damage compounds fast.
- Stop the water if you safely can — isolate the supply, contain the spread, move belongings clear. Limiting the damage is the first priority.
- Report it immediately — to your building manager, strata manager or committee. Early reporting is what allows a fast response and preserves the evidence needed to establish the source.
- Find the source — this is the crux. A leak-detection specialist or plumber traces where the water is actually coming from, which determines both the fix and the responsibility.
- Document everything — photos, dates, the damage, the source once found. This protects you whichever way responsibility falls, and matters for any insurance claim.
- Don’t repair common property yourself — in NSW a lot owner generally can’t carry out work on common property without the owners corporation’s authorisation, and usually can’t claim it back.
The Insurance Dimension
Water damage often involves the strata insurance policy, particularly where common property is the source or the damage is significant. The strata manager typically handles the claim, but the building manager’s early documentation of the source and damage is what makes a claim straightforward rather than contested. Sudden escapes of water are commonly covered; gradual damage from long-term deterioration may be treated differently, which is another reason early detection and repair matter.
Prevention Beats Cure
Waterproofing has a finite life, and the buildings that avoid catastrophic leaks are the ones that treat it as a maintenance item rather than waiting for failure. Regular attention to roofs, gutters, drainage, sealants and known wet areas — part of any real preventative maintenance program — catches the small signs before they become a flooded apartment and a dispute. A stain noticed and investigated early is a cheap repair; the same leak ignored is a structural problem.
Where a Building Manager Fits In
Leaks are a building manager’s bread and butter, because response speed and coordination decide how bad they get. We’re usually the first call, and we act fast to stop and contain the water, arrange leak detection to find the true source, coordinate the right trades once responsibility is established, document everything for insurance, and keep both the affected owner and the committee informed. The formal decisions — authorising expenditure, running an insurance claim, resolving a responsibility dispute — sit with the owners corporation and strata manager; the building manager makes sure the water stops and the right repair happens quickly, before a small leak becomes an expensive one.
Frequently Asked Questions
Water is coming through my ceiling from the apartment above — who pays?
It depends on the source. If it’s a failed common-property waterproofing membrane or a shared pipe, it’s generally the owners corporation’s responsibility, even though the damage is in your apartment. If it’s a leak from within the upstairs lot — say a fixture or appliance — it may be that owner’s responsibility. The source has to be found before the question can be answered, so the priority is detection, not argument.
Who is responsible for waterproofing in a strata building?
The waterproofing membrane beneath tiles is typically common property, making its repair generally the owners corporation’s responsibility — while the tiles and surface finishes over it usually belong to the lot owner. This is the single most common source of confusion in water disputes. Your registered strata plan governs the specifics.
Can I just fix the leak and send the bill to the owners corporation?
Generally no, if the source is common property. In NSW a lot owner usually can’t carry out work on common property without the owners corporation’s authorisation, and courts have declined to reimburse owners who did. Report it and let the owners corporation arrange the repair — while doing what you safely can to stop and contain the water in the meantime.
How do we stop leaks happening in the first place?
Treat waterproofing and the building’s water-shedding fabric — roofs, gutters, drainage, sealants — as maintenance items with a finite life, inspected and renewed before they fail. Most serious leaks are preventable; they happen because deterioration went unnoticed until water forced the issue.
Leaks That Get Fixed Fast
Building Management Australia is a Sydney building management firm — not a strata agent. When water gets in, we act fast to contain it, find the true source, coordinate the right repair once responsibility is clear, and document everything for insurance — working alongside your strata manager. If leaks in your building tend to turn into drawn-out disputes, request a proposal at bmaus.com.au or email Andrew directly at [email protected].
About the Author
Andrew Veron is the founder of Building Management Australia (BMA), an independent Sydney building management firm established in 1995. BMA is a building management company — not a strata agent — providing on-site and visiting building management, facilities management, concierge, cleaning and valet services to residential, commercial and mixed-use properties. Over the past 30 years, Andrew and the BMA team have managed buildings across the Eastern Suburbs, North Sydney, Inner Sydney, Parramatta and the Sydney CBD, with assets currently valued in excess of $3 billion under management. Because BMA is independent of any strata management firm, committees receive unbiased advice and transparent contractor relationships. Reach Andrew at [email protected] or bmaus.com.au.
This article is general information only and is not legal advice. Responsibility for water leaks depends on the source and on your building’s registered strata plan and by-laws; owners corporations and lot owners should obtain advice specific to their circumstances.