Water coming from upstairs does not automatically make the upstairs owner responsible, and water appearing in your unit does not automatically make it your repair. Use this order: limit damage, identify the source, decide whether the failed component is lot or common property, then allocate cost.
Locate the source, not merely the stain
| Possible source | Likely responsibility direction | What still needs checking |
|---|---|---|
| Roof, exterior wall, common pipe or building membrane | Often points to owners corporation common-property repair | Strata or units plan, boundaries and renovation history |
| Private appliance or alteration within a lot | May fall to the lot owner | Who installed it, approval and the exact failure point |
| A neighbour’s negligence or failure to address a known problem | May create a loss claim as well as a repair question | Notice, causation evidence and insurance |
Actions on the day of the leak
- Treat electrical risk, ceiling collapse or major water flow as an emergency and avoid the hazard.
- Photograph the stain, water path and damaged items with times. Do not only patch the visible surface.
- A tenant notifies the landlord or agent; an owner also writes to the strata manager or owners corporation.
- Ask a qualified plumber, roofer or waterproofing expert to identify the source in writing.
- Separate source repair, building finishes, contents loss and rent-related loss; different parties and policies may apply.
NSW: the owners corporation maintains and repairs common property, while owners repair their own property, subject to the strata plan. ACT: the unit-title owners corporation maintains common property; the units plan and source still matter.
Do not let continuing damage wait until everyone agrees who will pay. A written note can state that temporary mitigation does not admit final liability.
This is a general strata and unit-title process. It cannot decide boundaries, negligence, insurance or compensation.
Official sources
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