Reply To: Rising damp repair – who pays? Victoria

Thanks Jimmy.  Ours is a group of mews style two storey townhouses where the vertical boundaries of the end units abut common property and the townhouses in the middle share vertical boundaries with each other.  There are no separate dwellings above or below; just side by side. There’s nothing on the title or plan of subdivision indicating that the shared vertical boundary walls are common property so I assume the shared walls are the responsibility of each neighbouring lot owner.  What I can find is in the subdivision act of Victoria where it says:

“5  Boundaries
Unless the plan otherwise provides, if the whole
or part of a boundary of a lot with another lot or
with common property on a strata or cluster plan
or a strata or cluster redevelopment plan lies along
or within a structure that is a wall, fence, floor or
ceiling, the boundary is the median of the
structure.”

Some OC members want the OC to fully fund the repair of the end walls which abut common because it affects the integrity of the building so I’m wondering if that’s the logic, then should the OC fully fund the shared boundary walls in the middle of the row of townhouses.  Or should the OC fund 50% of the walls abutting common property and put responsibility for the cost of repair of internal boundary walls back onto the respective lot owners in the middle of the row of townhouses.