#54960
cachexian
Flatchatter

    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?