Water is leaking into my apartment: who pays for repairs?

Insurance Coverage for Body Corporates

If water is leaking into your apartment, it is important to determine who is responsible for the repairs. In most cases, if the water ingress is due to a failed building membrane, it becomes the responsibility of the body corporate.

For schemes subject to a building format plan, the body corporate is obliged to take out insurance coverage for fixtures and fittings included in a lot, with a few exceptions such as removable fixtures, curtains and non-wired appliances. However, for schemes subject to a standard format plan, this insurance obligation only applies when a building on one lot shares a common wall with a building on another lot, such as adjoining townhouses.

In situations like this, it is crucial for the body corporate to have adequate insurance coverage, as water damage can affect multiple lots and damage many fixtures and fittings. Most of the damages would be covered by the body corporate’s insurer.

Free guide for building defects and maintenance

Building defects, maintenance and improvements are complex issues. Hynes Legal’s free guide to addressing defects can help answer many problems: https://offers.hyneslegal.com.au/building-defects-guide

Hynes Webinars for repairs and maintenance in Body Corporates

Mould in strata: https://blog.hyneslegal.com.au/webinars/who-is-responsible-for-mould-issues-in-strata-communities

Water ingress: https://blog.hyneslegal.com.au/webinars/water-ingress-in-body-corporate

Improvements vs. maintenance: https://blog.hyneslegal.com.au/webinars/improvements-vs-maintenance

Further reading

Where a body corporate was held liable for damage to a lot-owner’s car because common property was not maintained: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/78.html?context=1;query=damage%20to%20vehicle;mask_path=au/cases/qld/QBCCMCmr