We do a lot of roof work for strata buildings across the city and the eastern suburbs, and this is the question we hear most from owners. The short version: the roof is usually the owners corporation's responsibility, not yours. The longer version has a few exceptions worth knowing about. This is general information from the roofing side, not legal advice, and your strata manager is the right person to confirm the details for your building.
Is the roof common property?
In most apartment buildings, yes. Under the NSW Strata Schemes Management Act 2015, the owners corporation must maintain and repair common property and keep it in good condition. The roof, the gutters, the downpipes and the structure that holds them up usually fall into that category. Repairs are paid for from the building's funds, which come from levies all owners contribute to.
Where the boundary sits is set by the strata plan. In a typical apartment building, a lot's boundary is the inside face of the walls, floor and ceiling, so the roof is outside it. In some townhouse and villa schemes, and in some older plans, the boundaries are drawn differently and the roof can sit inside a lot. That is why the plan matters.
When might an individual owner be responsible?
- The strata plan shows the roof as part of your lot, which is more common in townhouse and villa schemes.
- A by-law gives an owner exclusive use of part of the roof, such as a rooftop terrace, and makes that owner responsible for maintaining it.
- An owner has carried out work on common property, such as a skylight or air conditioning on the roof, under a by-law that makes them responsible for it.
- The damage was caused by an owner or their contractor, for example a trade cracking tiles while working in the roof space.
What should I do if the roof above my unit is leaking?
- Report it to your strata manager or the strata committee straight away, in writing, with photos and the date it started.
- Protect your belongings and contain the water inside your unit. Move furniture, put down buckets and keep away from any sagging ceiling.
- Keep a record of each time it leaks and any damage to your property.
- Do not book a roofer for common property yourself unless the strata manager has asked you to. Unapproved work on common property can cause problems with payment and insurance.
- If water is pouring in and nobody can be reached, call for an emergency make-safe and tell the strata manager as soon as you can.
Report a strata roof leak in writing, early. A written report with photos and dates is what gets the owners corporation moving, and it is the record everyone relies on later.
Who pays for the damage inside my unit?
This is where it gets less straightforward, and it is the part where advice from your strata manager or insurer matters. Damage to common property, such as the ceiling in many buildings, is usually handled by the owners corporation and the building insurance. Your own contents, such as furniture, rugs and electronics, are generally a matter for your contents insurance. Fixtures you have added, like new flooring, can fall either way depending on the scheme. Check your policies and ask the strata manager how the building's insurance treats it.
How do strata roof repairs usually get approved?
The strata manager arranges an inspection and quotes. Smaller repairs are often approved by the strata manager or committee within their delegated limits. Bigger work, like a re-roof, usually needs a general meeting and may be planned through the capital works fund. For urgent leaks, strata managers can normally approve a make-safe quickly so the building is protected while the permanent repair is quoted.
On our side, we send the strata manager clear photos of the problem, a plain explanation of the cause and a written scope, so the committee can make a decision without needing to climb onto the roof. That is most of what our commercial and strata roofing work looks like day to day, alongside roof leak repairs for individual units.
What if the owners corporation will not fix it?
Keep reporting in writing and keep your records. If repairs still do not happen, NSW Fair Trading has information on resolving strata disputes, including mediation. Owners can also get independent legal advice. From a roofing point of view, a leak that is left alone only gets bigger, so a fast make-safe is in everyone's interest, including the owners corporation's.
