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PIPES, DRAINS AND SEWERS – FIXING THE DAMAGE

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31 January 2021 at 4:30:00 am


Leaking pipes can cause a lot of problems, particularly if they are not fixed.

For strata schemes covered by the Body Corporate and Community Management Act 1997 (Qld), the body corporate is responsible for maintaining and repairing common property pipes, drains and sewers.



WHAT PIPES ARE COMMON PROPERTY?


A drain, pipe or sewer in a unit or townhouse will be common property unless it:

1. Services only one lot;

2. Is within the boundaries of the lot; and

3. Is not within a boundary structure for the lot (for example a boundary wall).

Unless the pipe, drain or sewer meets all three of these criteria, it will be common property and the body corporate will be responsible for repairs and maintenance.

Unless the pipe, drain or sewer meets all three of these criteria, it will be common property and the body corporate will be responsible for repairs and maintenance.

For example, if there is a pipe leaking in your lot and that same pipe also services another lot, the body corporate will be responsible for repairing the pipe.


DAMAGE CAUSED BY A LEAKING PIPE


If damage is caused by a leaking pipe, then whoever is responsible for maintaining and repairing the pipe will be responsible for the damage.

This means that if a common property pipe bursts, the body corporate will be responsible for the resulting damage.

If, however, you caused damage to the pipe, drain or sewer that resulted in the problem, then you will be responsible regardless of whether it is a common property pipe.

If you require further information, please contact Frews Solicitors on (07) 3868 2244.

Frews Solicitors communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. 

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