› Flat Chat Strata Forum › Living in strata › Who pays when lot owner’s pipes are responsible for downstairs damage? › Current Page
Could you advise if we are liable for these repairs.
An OC must repair common property. The lot owner, who “owned” the burst pipe might be liable for the costs. That would depend on all the details. Negligence usually needs to be established.
Regardless of liability, damage to the building and common area contents and even damage to lot fixtures and fittings will be covered by the OC’s compulsory building insurance. Both the OC and the lot owners have that cover. Probably either could make a valid claim.
Who pays the excess is another matter. That’s legislated in some states. Where it’s not legislated, I’ve seen opinions that whoever makes the insurance claim should pay the excess. And I’ve seen opinions that it should be an OC decision.
Damage to lot contents is also another matter. That’s for the contents owner to decide. They can either claim on their contents insurance or make a claim against those they deem liable.