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More on the never ending plumbing saga…
Just checking that what I've been told is correct. The bottom of the bath doesn't touch the floor, and so the section of the waste pipe running from the bath to the floor is our property. Any leak in that section is to be paid for by us, but the remainder of the pipe is common property.
For now, I'm keeping my fingers crossed that when the plumber takes a look the leak is below the floor so I don't have any potential issues, but just in case it isn't, will it be our responsibility to pay?
Thanks
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Everything I've read suggests the pipe between the plug hole and the floor is your responsibility – unless there's something in your by-laws or strata plan that says otherwise.
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 all,
This sounds like the bath is a freestanding tub on claws maybe? So the pipes would be in lot owners space? Otherwise I really dont understand how pipes under the bath which would normally be within CP ceiling/walls could be considered lot owner resposibility if Lot owner is only responsible for air space?
Cheers
Essentially the situation is defined by the boundary of the lot, which is effectively the concrete slab of the floor.
The small wall that a bath sits on (the hob wall) is considered an internal wall, so the bath waste pipe which is under the bath but above the slab is a lot owners responsibility.
The Who's Responsibility document on the Institute of Strata Title Managers web site is again invaluable.
click HEREThe document further confirms the quality of the advice given by Flat Chatters — The Plug & waste is within the airspace of the lot and therefore the responsibility of the Owner to repair and maintain.
The bath Plug and Waste is Owner according to the link you sent. And it states clearly “in the opinion of the Department and for information only”. In other words, it is not a legal definition and cannot be relied on in a law court or tribunal. It is only a guide
The question is who is responsible for the waste pipe?
Note, your link mentions Bath Plug&Waste, it does not mention Cap Lining or Waste Pipe. Caps are normally part of the waste pipe as it covers the end of a pipe to connect to the Plug&Waste . Cap and Lining (cap/lining connection) act as an extension of the waste pipe (it sits between and joins the waste pipe to the plug&waste). Cap/lining connection is basically the “additional added waste pipe” . My understand is that pipes servicing more than one unit are common property as it feeds into the common property drainage. The bath waste (outlet) pipe joins into the main pipe (that also services other units) which then connects to the sewage drain of the building to remove the bath foul water. Based on this it seems like the bath Waste pipe and the Cap/lining connection are Strata responsibility for maintenance and repair. I could not find anything that contradicts this.
“bath” – The bath plug & waste would not connect directly to a house service line that serves more than the Lot concerned; it should connect to a branch or junction, that is there specifically to serve / provide a connection for the wastewater from the Lot.
Consequently, I'm inclined to agree with the majority, by concluding that the drainage under the bath tub, and as far as the communal house-service line, is the responsibility of the Proprietor of the Lot.
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