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My tenant noticed dampness in their bedroom wardrobe that is behind the bathroom. On inspection, the plumber found that the area around the mixer tap was never sealed (i.e. there’s a hole in the waterproofing application!), and says so in their report. So water is seeping through the hole and entering the room on the other side.
The defect is on an internal wall. Who would be responsible for fixing this? It’s not deterioration of the waterproofing but rather a finding that it was not applied correctly in the first place.
In NSW, 8 yo build.
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This is a tricky one becasue it’s a building defect that should have been fixed in the first 6 years of the building’s life, but is it common property? I don’t think tiling and waterproofing on an internal wall is common property (happy to be corrected on that if I’m wrong).
So my take would be to go back to the committee and offer to share the cost of repair and remediation on the grounds that if they don’t, you will run this through NCAT just to get a definitive ruling. Half the cost of repairs against all of the legal costs and maybe all of the reapirs might be a gamble the committee doesn’t want to take.
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