QUESTION: I’m currently settling into my new apartment but while I’m in bed at night I can hear my upstairs neighbour using and flushing her toilet. I’ve even been woken up by it on a few occasions in the middle of the night and I’m not a light sleeper.
Her layout is the same as mine so her bathroom/toilet isn’t directly above me but the waste pipes clearly are. They seem to be inside a bulkhead directly above my bed (which I can’t move).
My contract allows for a list of defects to be provided to the builder within three months of settlement which I’ve been compiling. These will range from poor workmanship in cupboards, some cornice work, and repainting.
Can the noise problem reasonably be listed as a defect as there clearly is inadequate insulation around the pipes? If the builder refuses to rectify it, what next? – Flushed, Dulwich Hill
ANSWER: Firstly, there are two kinds of defects in new apartments; one is fixtures and fittings such as you are currently listing, the other is building defects. Issues on building defects should be raised by the Owners Corporation on behalf of the whole building.
The lack of noise insulation around water pipes is most likely a building defect but since this is specific to your apartment, you could try listing it with your other issues and hope the developer does the right thing and just fixes it.
If not, then the Owners Corporation has to get them to fix the problem. They can’t just put this in the too-hard basket. It is common property and therefore it’s their responsibility, one way or another.
It’s also a sign of poor design and corners being cut so I’m guessing you won’t be the only owner with a defect problem in the block. Let’s hope your strata and building managers are totally independent – not some “mate” foisted on you at your first AGM.
Please email your questions to mail@flatchat.com.au.
