Water Damage in a Body Corporate: Who Is Responsible?

Why Water Damage Is So Common

Strata buildings concentrate plumbing, drainage, and roofing into shared structures that serve multiple lots simultaneously. When something fails — a pipe bursts, a roof leaks, a bathroom overflows — the damage can quickly spread across lot boundaries and into common property.

Determining who is responsible, and who pays, requires working out where the problem started.

The Two Key Questions

Question 1: Where did the water originate?

If from within another lot (a burst pipe, blocked drain, overflowing bath or washing machine) — the lot owner whose lot caused the water release is generally responsible for the source and potentially liable for consequential damage
If from common property (a shared pipe, external roof, gutter, or wall) — the body corporate is responsible for the source

Question 2: What is damaged?

Damage to common property — the body corporate must repair it
Damage to your lot — may be covered by the body corporate's building insurance, your own contents insurance, or may be a claim against the lot that caused the damage

What to Do Immediately

Stop the water if possible — turn off the water supply if the source is accessible
Photograph everything — the source of the leak (if visible), all damage, and water marks, with timestamps
Notify the body corporate in writing immediately — email the manager with your photographs and a description of what happened and when
Notify your own insurer — even if you think it is someone else's fault, notify your insurer early so they can investigate and potentially recover costs on your behalf
Arrange emergency drying if needed — mould follows quickly behind water damage

Getting the Source Investigated

Do not assume where the water came from — get a licensed plumber to identify the source. The body corporate manager can arrange this, or you can organise it yourself and seek reimbursement if the source turns out to be common property.

A plumber's report identifying the source is essential evidence for any insurance claim or dispute.

Insurance

The body corporate's building insurance typically covers water damage to the building structure — including damage that originates from common property. Make a claim through the body corporate manager.

If the damage is to your contents or lot improvements, your own contents insurance is relevant.

If another lot owner caused the damage through negligence, the body corporate's insurer or your own insurer may pursue a recovery claim against them or their insurer.

If the Responsible Party Won't Act

If the body corporate refuses to repair common property that caused the damage, apply to the Commissioner for Body Corporate and Community Management for an order requiring the repairs.

If a neighbouring lot owner caused the damage and refuses to compensate you, you may have a claim against them — seek legal advice about your options.

This article is general information only and does not constitute legal advice. For advice about a specific water damage situation, consult a strata lawyer or the Office of the Commissioner for Body Corporate and Community Management.