Water Leaking From the Unit Above? Who Pays and the Document That Sorts It

The ceiling is staining. Plaster is bubbling. Water is dripping. The neighbour upstairs says it’s not them. The strata manager says it’s not common property. You’re left with damage and no answer. Australian strata law has a clear framework for water-ingress disputes — and a formal strata complaint is usually the document that finally gets things moving.

Who is liable in your state

The general rule across Australia: waterproofing membranes and structural elements are common property and the owners corporation’s responsibility; fixtures, fittings and behaviour inside a lot are the owner’s responsibility. New South Wales: Strata Schemes Management Act 2015 section 106 (NCAT). Victoria: Owners Corporations Act 2006 section 46 (VCAT). Queensland: Body Corporate and Community Management Act 1997 schedule (BCCM). Western Australia: Strata Titles Act 1985 (SAT). South Australia: Strata Titles Act 1988 (SACAT). Australian Capital Territory: Unit Titles (Management) Act 2011 (ACAT). Tasmania: Strata Titles Act 1998 (TASCAT). Northern Territory: Unit Title Schemes Act 2009 (NTCAT). Liability often turns on a leak-detection inspection — get one early.

Common defences and why they fail

“It must be your shower screen.” Without a leak-detection report, this is just an assertion. “Show us proof it’s coming from us.” A balance-of-probabilities standard applies, not criminal beyond-reasonable-doubt. “It’s been like that for years.” Latent defects are still defects; the limitation clock often runs from discovery, not from installation. “Make a claim on your own insurance.” Doing so doesn’t extinguish the negligent party’s liability — your insurer will subrogate.

What the document does

A Strata Complaint for water ingress puts the owners corporation (and the upstairs lot owner where appropriate) on formal notice, identifies the damage, the source if known, the inspection results if available, and demands remediation plus damages. It triggers insurance notification timelines and forms the foundation of any tribunal claim.

What Claim Done delivers

For a flat fee, Claim Done drafts the strata complaint with the correct statutory citations, the right framing for common-property versus lot-owner liability, and a clear demand for remediation and damages.

What happens after

Most owners corporations and insurers act on a properly-framed complaint within 14–28 days because the alternative — tribunal damages including water-stained contents, alternative accommodation, and rectification costs — gets expensive fast. If the matter remains unresolved, escalate to your state tribunal.