[cachexian]

Hi JimmyT,

Thanks for your answer. The “Courtyard” soil surface is on the Ground Floor Level at the same level as the adjacent “Terrace”.  The soil is deep soil and there is no concrete slab underneath it – it goes right down to the earth. However, there is a basement level underneath the “Terrace”.

This all means that the soil surface of the Courtyard is 3.27m above the surface of the basement, which is below the adjacent Terrace.
This deep soil above the courtyard has subsided so we need to know who is responsible for filling it back up again.

Quoting JimmyT: To answer your question, if there is a concrete base then everything above the upper surface of the concrete base is your responsibility, that would include waterproofing and tiles.

That is not the answer that I wanted but thank you for clarifying this. Could you advise me how we would go about getting a binding ruling so that the lot owner cannot come back and sue the strata to repair this area later?

[cachexian]

Jimmy-T wrote:

The 2 (metres) below and 5 above refer to common property.

This would only apply if the courtyard was common property. If it were lot property, then the 2 and 5 figures refer to lot responsibility.

Hi Jimmy T,
Thanks for running this forum. I’ve searched the forum for an answer to my question and this post come the closest.

Who is responsible for repairs to the waterproof membrane, tile bed and tiles?

Our strata plan has the squiggly S between the adjacent lot and the relevant “Terrace” which I understand means that the lot owner is responsible for the maintenance and repair of the Terrace.
The Strata Plan further states: “WHERE NOT COVERED, PLANTERS, TERRACES, STAIRS AND PORCHES ARE LIMITED IN HEIGHT TO 2.5 ABOVE THE UPPER SURFACE OF THEIR CONCRETE FLOOR”

Does this confirm that everything above the upper surface of the concrete of the Terrace is lot property?

Also, we have a similar soil subsidence issue in the courtyard to the OP. The soil and its grass covering have subsided some 30cm. The Courtyard is joined to the adjacent Terrace by the S on the Strata Plan – so is lot property.
The Strata Plan states: “WHERE NOT COVERED, COURTYARDS ARE LIMITED IN HEIGHT TO 2.5 ABOVE THE UPPER SURFACE OF THE CONCRETE FLOOR OF THE BUILDING OF THE RESPECTIVE LOT ON BASEMENT LEVEL AND, WHERE NOT CONCRETE PAVED ARE LIMITED IN DEPTH TO 2 BELOW THAT SURFACE”

I understand that to mean that the soil is the responsibility of the lot of the surface is less than 2.5 above the concrete level in the basement. Is this correct?

If the soil surface is more than 2.5 above the concrete level in the basement, who is responsible?

[Author]

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