General information for NSW only, not legal or insurance advice. Your strata plan and by-laws decide what applies to your building.
Water coming through a top-floor ceiling is one of the most common reasons strata owners contact their strata manager, and one of the most common causes of friction in a building. The questions are always the same. Who is responsible for the roof? Who pays for the ceiling? And how long should it take?
This guide sets out what NSW Government guidance says, what usually happens in practice, and where you need your strata manager or a lawyer to confirm the answer for your building.
Who is responsible for the roof?
In most NSW strata schemes, the roof is common property. That makes the owners corporation responsible for maintaining and repairing it. NSW Fair Trading lists the roof and gutters among the items the owners corporation usually looks after.
There are exceptions. A by-law can shift responsibility for part of the roof to an individual owner, often where a lot has exclusive use of a rooftop terrace. Work an owner has done to the roof, such as adding a skylight, can also change who is responsible for that item. Your registered strata plan and by-laws are the documents that settle the question for your building.
Who pays for the damaged ceiling?
NSW Fair Trading's general guidance puts the ceiling with the owners corporation, except for painting, unless the problem comes from changes an owner made. Internal painting generally sits with the owner.
Where the damage was caused by the owners corporation failing to maintain the roof, an owner may be able to claim their loss. NSW Fair Trading states that an owner can take legal action within six years of becoming aware of the loss. Whether that applies to you is a legal question, so talk to a strata lawyer before relying on it.
What to do when the roof starts leaking
- Report it in writing. Email your strata manager, building manager or strata committee the same day. Include the date, the room affected, and photos of the ceiling and any water.
- Protect your belongings. Move furniture and electronics away from the leak and catch the water where it is safe to do so.
- Stay off the roof. Roof access is dangerous and is common property. Leave it to a qualified roofer arranged through strata.
- Keep a record. Note every call and email, and photograph the damage as it changes. A clear timeline helps if the repair is delayed.
If you rent, contact your agent or landlord. They will raise it with strata.
Can I call my own roofer?
In a genuine emergency, NSW Fair Trading says owners should notify the strata manager or committee if possible and check for an emergency contractor list. An owner may be eligible for a refund if they can show the owners corporation was responsible and the work was necessary and urgent. Keep photos and a written report from the tradesperson.
Non-urgent work on common property needs proper authorisation first.
How is the repair paid for?
Minor repairs can usually be paid from the administrative fund. Major repairs and roof replacements usually come from the capital works fund, also called the sinking fund. If that fund is short, the owners corporation can raise a special levy.
NSW Fair Trading says owners must get at least 30 days' written notice of levies, or 14 days for emergency repairs needed to mitigate a serious and imminent threat to health or safety. For work valued at $30,000 or more, all schemes must get at least two independent quotes. Emergency repairs, such as serious storm damage, are excluded.
What if the repair is delayed?
NSW guidance doesn't set a fixed number of days for a strata roof repair, but section 106 of the Strata Schemes Management Act requires the owners corporation to keep common property in good and serviceable repair. If a repair stalls, NSW Fair Trading outlines these steps:
- submit a motion for the next general meeting
- apply for free strata mediation through NSW Fair Trading
- lodge a formal complaint if mediation fails or is declined
Fair Trading may then ask the owners corporation for a rectification plan or issue a compliance notice. A strata lawyer can advise on other options.
Why roof condition reports matter
Most strata roof disputes come down to evidence. When was the problem first reported? What condition was the roof in? Was the leak caused by a defect, wear or a storm? A dated condition report with photos gives the committee a clear basis for decisions, and supports the building's 10-year capital works plan.
How Hiroof can help
Hiroof provides roof maintenance, repair and restoration for strata buildings across Sydney and surrounds. Where access is safe, we can inspect the roof, record its condition with photos and quote the repair for your strata manager or committee to consider. Decisions on responsibility, funding and approvals stay with the owners corporation.
To arrange an inspection, email info@hiroof.com.au. Hiroof Services Pty Ltd, NSW roof plumbing licence 21350703.
