Flat Chat Strata Forum Common Property Current Page

  • This topic has 5 replies, 4 voices, and was last updated 2 years ago by .
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  • #65580
    Young@Heart
    Flatchatter

      We have a common water boiler.

      Hot water pipes enter our Lot then into a Jemena water meter. Upon exiting the water meter there is a Stopcock.

      Clearly the pipe entering the wall is for my unit’s use alone.

      The pipe was damaged after entering my Lot area and prior to the water meter (and therefore the Stopcock).

      I have difficulty believing that the repairs and consequential water damage to floorboards etc is my responsibility as I have no method of controlling the water flow from the damaged pipe.

      Can I claim this is a ‘Building Defect’?

      Is there any precedent that the pipe prior to the stopcock could be ‘common infrastructure’ despite it being solely for my use?

      Any clues??

      Geoff

      • This topic was modified 2 years ago by .
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    • #65603
      kaindub
      Flatchatter

        It’s important to remember the definition of your lot. It’s the cubic space within the dark lines on the strata plan. And it’s between the floor surface and the bottom of the ceiling.
        Therefore if the pipes or meter are in the cubic space, it’s lot owner responsibility.

        If the pipes are embedded in the common property walls or floors or ceilings, they are OC responsibility.

        Sometimes it doesn’t make sense, but the definitions have to be framed somehow so thst owners and OC aren’t going to court for the court to decide who is responsible for what.

        #65609
        Young@Heart
        Flatchatter
        Chat-starter

          Thanks Kaindub, I now accept that the pipe, because it services only my Unit and is within the boundary of the Lot, is my responsibility. I would now like to know if, because it was built as part of the initial construction of the building, any failure of pipe (not caused by a specific action by anyone), can be classed as a ‘Building Defect’?

          If it could be a building defect who is responsible for repairing it and addressing any consequential damage?

          Is there a time limit since construction for a problem to be classed as a building defect?

          Appreciate your and anyone’s thoughts. Geoff

           

          #65614
          kaindub
          Flatchatter

            I believe building defects period is 7 years.

            But it would be hard to attribute a burst pipe as a building defect. Pipes burst all the time for any and no reason.

            And who are you going to point the finger at – the builder; the plumber; the pipe manufacturer?

            And you,re going to have to convince the OC to take up your case, because you as an individual can’t take the action. Are the OC going to stump up the money to fight this action when the outcome is questionable.

            I can see that you are not pleased with paying for this incident. Your best bet may be to claim on your lot  contents insurance, as generally  insurance policies cover burst pipes.

             

             

            #65621
            Jimmy-T
            Keymaster

              I believe building defects period is 7 years.

              It’s six but recent legislation may make builders liable for 10 years for the work they’ve done.

              But it would be hard to attribute a burst pipe as a building defect. Pipes burst all the time for any and no reason.

              True, unless you can show it was incorrectly installed – then it’s a defect.

               

               

              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.
              #65615
              Mailbox
              Flatchatter

                Hi Geooff@YoungSt

                I’d suggest you have a look at your insurance policy to see what you can claim with regard to the floating floor board damage. I don’t think from your post that the pipe burst but if it did  it would be worth discussing with you SM about it being a insurable event.

                Defect Warranty is 2yrs for minor and 6 years for major (in NSW), this link has more information (to understand what is considered minor / major etc):

                https://www.fairtrading.nsw.gov.au/about-fair-trading/our-services/resolving-issues/building-complaints

                My understanding if the you’re still under warranty it will only be considered a defect if its not compliant (to code) and / or poor workmanship ie if its been otherwise damaged or not maintained it will be your responisibility.

                 

                 

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