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Hi all,
I recently poked my head up into the ceiling space of my two-storey Unit to see what the access was like (it’s very narrow) for me to install ceiling insulation as my Unit gets hot in summer/cold in winter. When I spun around 180 degrees I was surprised to see sunlight filtering through an area of tiles where a section of sarking was lying on the ceiling – surprised, because it wasn’t picked up in the Building Inspection report when I bought the property 12 months ago.
Is the repair to the sarking my responsibility or does it fall under Common Property?
I’ve always assumed the roof insulation is my responsibility to buy and install, and that I will need to notify and get OC approval prior to purchasing it – can you confirm this?
Thank you for your advice.
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It sounds like you are in a townhouse. Is the roof covering other units (in which case it’s almost certainly common property) or is it solely for your home, in which case it may well be your responsibility.
So that’s a question only you and your strata manager or conveyancer/solicitor can answer. Is the roof common property or not? If it is, then the Body Corporate is most likely responsible for repairs unless there’s a by-law that says otherwise.
NB: For those of you who don’t know what roof sarking is, it’s a water-resistant membrane installed under your roof tiles. It acts as a protective barrier, preventing moisture from seeping into your roof cavity and home interior while allowing moisture in the air to escape.
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.
Brizylions
firstly what a property is called or sold as has no bearing on the application of strata law. In strata you own the cubic space designated by the insides of walls, and the undersurface of the upper ceiling and the top surface of the lower floor. It could be sold as a shoe bi and the same rules apply.
Generally the roof space and roof is the responsibility of the body corporate, unless a bylaw says otherwise.
However be careful what you wish for. The committee may decide to replace all the sarking of the building, and so may need to raise a special levy which you will have to pay.
As an aside, the sarking provides NO insulation qualities whatsoever. Its purpose is to direct water which may get under the tiles down to the eaves.
Secondly, good luck in pinning the building inspector. In my opinion building reports are only useful to wipe your nether regions. They come with so many caveats , all in small print at the end of the report, that you’ll never win against the inspector.
If anyone is reading this, my recommendation is to engage a builder or engineer and pay the few thousand, as opposed to the few hundred dollars a building inspector charges. You’ll then get a proper report and peace of mind.
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