- This topic has 5 replies, 4 voices, and was last updated 2 years, 1 month ago by .
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We have a common water boiler.
Hot water pipes enter our Lot then into a Jemena water meter. Upon exiting the water meter there is a Stopcock.
Clearly the pipe entering the wall is for my unit’s use alone.
The pipe was damaged after entering my Lot area and prior to the water meter (and therefore the Stopcock).
I have difficulty believing that the repairs and consequential water damage to floorboards etc is my responsibility as I have no method of controlling the water flow from the damaged pipe.
Can I claim this is a ‘Building Defect’?
Is there any precedent that the pipe prior to the stopcock could be ‘common infrastructure’ despite it being solely for my use?
Any clues??
Geoff
- This topic was modified 2 years, 1 month ago by .
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It’s important to remember the definition of your lot. It’s the cubic space within the dark lines on the strata plan. And it’s between the floor surface and the bottom of the ceiling.
Therefore if the pipes or meter are in the cubic space, it’s lot owner responsibility.If the pipes are embedded in the common property walls or floors or ceilings, they are OC responsibility.
Sometimes it doesn’t make sense, but the definitions have to be framed somehow so thst owners and OC aren’t going to court for the court to decide who is responsible for what.
I believe building defects period is 7 years.
But it would be hard to attribute a burst pipe as a building defect. Pipes burst all the time for any and no reason.
And who are you going to point the finger at – the builder; the plumber; the pipe manufacturer?
And you,re going to have to convince the OC to take up your case, because you as an individual can’t take the action. Are the OC going to stump up the money to fight this action when the outcome is questionable.
I can see that you are not pleased with paying for this incident. Your best bet may be to claim on your lot contents insurance, as generally insurance policies cover burst pipes.
I believe building defects period is 7 years.
It’s six but recent legislation may make builders liable for 10 years for the work they’ve done.
But it would be hard to attribute a burst pipe as a building defect. Pipes burst all the time for any and no reason.
True, unless you can show it was incorrectly installed – then it’s a defect.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi Geooff@YoungSt
I’d suggest you have a look at your insurance policy to see what you can claim with regard to the floating floor board damage. I don’t think from your post that the pipe burst but if it did it would be worth discussing with you SM about it being a insurable event.
Defect Warranty is 2yrs for minor and 6 years for major (in NSW), this link has more information (to understand what is considered minor / major etc):
My understanding if the you’re still under warranty it will only be considered a defect if its not compliant (to code) and / or poor workmanship ie if its been otherwise damaged or not maintained it will be your responisibility.
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