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  • #49559
    ordmel
    Flatchatter

      Hello, I have water leaking from my neighbour courtyard walls and would like to understand if this is private lot issue or common property (OC) issue?

      Am in VIC and my strata plan sub-division says “Interior face of Lot”. The neighbour’s courtyard is open air space.

      Water leaking at the intersection of the 2 walls (thick continuous line and the dotted line) into my bedroom as shows in the PDF document in this link [link removed]

      Does anything included in their airspace – responsibility of the lot? including the sealing between the wall joints?

      Could someone guide me on whose responsibility would this be?

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    • #49561
      Jimmy-T
      Keymaster

        HI

        I have removed the link as it doesn’t work for me and my antivirus software didn’t like it.  Please insert it as an image.

        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.
        #49571
        Austman
        Flatchatter

          For Victoria when it states “Interior face”, that includes all the interior surfaces of a lot’s airspace including its outside airspace areas. You have to think of a lot’s outside airspace areas, such as a terrace or a balcony, like a bathroom. All the walls and floors surrounding a lot’s outside airspace will be a lot responsibility to waterproof if surface waterproofing is used eg by a waterproof membrane.

          But check the Plan of Subdivision to ensure the leaking wall actually is a lot airspace boundary wall.

          If interested, it’s the Subdivision (Registrar’s Requirements) Regulations 2011 VIC that covers this area.

          An excerpt:

          <span class=”wcrep2″>(4) Unless otherwise specified on the plan, the location of any building boundary defined as—
          (a) Interior Face lies along the interior face of any wall, floor (upper surface of elevated floor if any), ceiling (underside of suspended ceiling if any), window, door or balustrade of the relevant part of the building. Any internal coverings, waterproof membranes and fixtures attached to walls, floors, and ceilings are included within the relevant parcel;</span>

          “Internal coverings” doesn’t mean “inside coverings”. It means internal to the lot airspace.

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