- This topic has 1 reply, 2 voices, and was last updated 59 seconds ago by -.
-
Topic
-
Hi, this is an actually in relation to the apartment that my son and his fiancée have recently purchased in NSW. It is an older block of 8 apartments and the apartment they bought had recently undergone major renovation with new kitchen and bathroom. All approved and a by-law passed to enable the renovation.
The issue is that less than 3 weeks in the apartment, there is a leak which a plumber has identified as a waterproofing failure. Original waterproofer was engaged but he indicated that the waterproofing was voided by tiler. Everyone running from accountability. Strata has been advised but it is of course Lot owners issue now following renovation.
But further digging has also identified that the renovation was not completed to the scope of works submitted to strata – e.g floor to ceiling tiling [not done – seems to be some render/micro cement] and waterproofer verbally indicated that the waterproofing was not coated to the levels indicated in the standard.
As first home buyers the kids are wondering if there is liability they can pursue. They have been unsuccessful in locating certificates of compliance to standards after requesting from Strata.
Is it a case of buyer beware and they have inherited the problems? I have advised them to seek advice from lawyers about potential avenues but any tips on anyone’s experience in situations like this, questions they should ask, steps they should take.
thank you
-
Replies
-
For what it’s worth, this is what the Flat ChatBot says:
That’s important evidence, but the waterproofer’s statement alone doesn’t establish who is liable or whether the guarantee was legally cancelled. Ask for their view in writing, including the warranty terms, the specific tiling work said to have invalidated it, and any inspection findings. Get an independent building consultant or waterproofing specialist to identify the leak’s cause and the work needed.
NSW guidance treats bathroom work requiring waterproofing as a major renovation needing owners corporation approval. Check the strata records for the previous renovation’s approval and any by-law allocating ongoing responsibility. Flat Chat’s 2020 bathroom-renovation article discusses membrane responsibility and renovation by-laws, but it is commentary and may not reflect current rules: ‘Dream’ bathroom project: the nightmare begins. Strata renovation rules | NSW Government+1
Because this involves property damage and possible time limits, take the report, warranty, renovation and sale records to a NSW strata/property lawyer promptly.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.