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Hi,
On the other side of the bedroom is the bathroom, and even if the bathroom window is constantly opened, the paint in the bedroom wall keeps bubbling….who is to fix this issue and has the structure of the building been comprised because of the damp issue? If it is the owner, then I'll have to renovate the bathroom to fix the waterproofing..
THanks
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A bathroom wall and the waterproof membrane would normally be Common Property.
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.
Hi Chopsuey
There are two issues
It sounds like the wall is lot property given it lies between your bathroom and your bedroom. Therefore, if the bubbling is caused by water from the bathroom, then you are responsible for fixing the problem (not the OC). However, depending upon a range of factors (including the relevant limitation periods), you may have a right of action available against the original builder.
If the bubbling is caused by water from another source (ie not the bathroom), then responsibility may lie elsewhere, depending upon where the water comes from.
Finally, you’ll need an engineer to determine if the structure of the building has been compromised.
Regards
Chris Kerin
Partner – Building Defects
———————————-Well, there you go! I didn't know an internal bathroom wall was different. You learn something every day.
Billen Ben referred elsewhere to a document by the Institute of Strata Title Management (now called Strata Community Australia) called Who's responsible? It's very informative and you can find it HERE.
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.
All,
May I suggest in the first instance it should be agreed by the OC and lot owner to engage the OC’s plumber to investigate if there is a leaking or burst pipe in the wall or if the waterproofing of the wall needs attention.
Keep in mind if this is caused by leaking taps inside the wall then this would be the lot owners responsibility. If the waterproofing has failed or was non existent (older buildings were not always built with ‘shower trays’) then this needs to be considered on two parts, the internal wall is the lot owners responsibility, while the floor and an external wall is OC’s responsibility.
If there is a burst or leaking pipe inside the wall this could be claimable on the OC’s insurances, excess dependent.
Hope this helps add clarity
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