Written by Five Star Roofing | Published on July 2025
In most strata schemes across NSW, QLD, and ACT, the owners corporation is responsible for maintaining and repairing the roof as part of common property. However, disputes arise when owners disagree about the source of the leak, who caused it, or who should pay for the resulting damage inside a lot.
This guide walks you through how strata roof leak disputes work, what your rights are, and the practical steps you can take to resolve the issue without it dragging on for months.
Understand Who Owns the Roof in a Strata Scheme
Before you can resolve a dispute, you need to understand the ownership structure. In most strata schemes, the roof is classified as common property. This means the owners corporation, not any individual lot owner, is legally responsible for its upkeep and repair.
This applies whether you are in a unit block in Sydney, a townhouse complex on the Gold Coast, or an apartment in Canberra. The strata plan registered with the relevant state authority defines exactly what is common property and what belongs to individual lots.
Key ownership rules to know:
- The roof structure, tiles, membranes, flashings, and gutters are almost always common property.
- Internal ceilings and fit-outs inside your lot are your responsibility.
- Skylights or roof penetrations added by a lot owner may be that owner’s responsibility.
- Modifications made without owners corporation approval can shift liability to the individual owner.
If you are unsure, request a copy of the strata plan and by-laws from your strata manager. These documents will clarify the boundary between common property and lot property in your specific building.
Know the Relevant Laws in NSW, QLD, and ACT
Strata law varies slightly between states and territories, so knowing which legislation applies to your situation is important.
| State/Territory | Governing Legislation | Key Body for Disputes |
|---|---|---|
| New South Wales | Strata Schemes Management Act 2015 | NSW Civil and Administrative Tribunal (NCAT) |
| Queensland | Body Corporate and Community Management Act 1997 | Office of the Commissioner for Body Corporate and Community Management |
| ACT | Unit Titles (Management) Act 2011 | ACT Civil and Administrative Tribunal (ACAT) |
In NSW, Section 106 of the Strata Schemes Management Act 2015 places a strict duty on the owners corporation to maintain and repair common property. This means if the roof leaks and it is common property, the owners corporation can be held liable for damage to your lot, even if they did not cause the leak deliberately.
In QLD, the Body Corporate is similarly obligated under the BCCM Act. ACT strata law follows comparable principles. In all three jurisdictions, failing to act promptly on a known roof leak can increase the owners corporation’s exposure to compensation claims.
Follow the Right Steps to Raise a Dispute Formally
If you are dealing with a roof leak that is damaging your lot and the owners corporation is not acting, here is the process you should follow. Taking these steps in order will protect your rights and create a paper trail if the dispute escalates.
- Document the damage immediately. Take photos and videos of the leak, the damage to your ceiling or walls, and any personal property affected. Note the date and time.
- Report it in writing to the strata manager. Send an email or letter describing the issue. Written records matter enormously in disputes. Keep a copy of everything you send.
- Request an urgent inspection. Ask the strata manager to arrange a licensed roofing contractor to inspect the roof. If they delay, follow up in writing.
- Get your own independent assessment. If the owners corporation disputes the source of the leak, arrange your own inspection from a qualified roofer to provide a written report.
- Attend or request an extraordinary general meeting (EGM). If the strata manager is unresponsive, you can request a meeting of owners to vote on urgent repairs.
- Lodge a formal dispute. If internal resolution fails, lodge a complaint with NCAT in NSW, the Commissioner’s Office in QLD, or ACAT in the ACT.
Acting quickly limits further damage and shows that you took the issue seriously. Courts and tribunals look unfavorably on parties who waited without acting.
Identify Common Causes of Roof Leak Disputes in Strata
Not all strata roof leaks are straightforward. Disputes often arise because the cause of the leak is contested or the damage crosses the boundary between common property and lot property.
| Common Cause | Likely Responsible Party | Why It Gets Disputed |
|---|---|---|
| Cracked or broken roof tiles | Owners corporation | Owner claims tiles were damaged by tradesperson accessing roof |
| Failed roof membrane | Owners corporation | Age vs neglect argument between owners |
| Blocked gutters causing overflow | Owners corporation (if common property) | Owner may have caused blockage with debris from their lot |
| Skylight installed by owner | Lot owner | Owner claims installation was approved by original committee |
| Air conditioning penetrations | Lot owner (if installed by them) | Poor waterproofing around penetration point |
| Storm damage | Strata building insurance | Insurer disputes whether pre-existing condition contributed |
A professional roof inspection report is often the deciding factor in these disputes. At Five Star Roofing, we regularly provide detailed written reports for strata owners and managers across Sydney and the broader NSW region. These reports identify the exact source of a leak and can be submitted as evidence to a tribunal.
Understand How Strata Insurance Applies to Roof Leak Damage
Most strata buildings carry building insurance that covers the structure, including the roof, against sudden damage from storms, falling objects, and similar events. However, insurance does not cover gradual deterioration or maintenance failures.
Here is how insurance typically applies in roof leak scenarios:
- Storm damage to the roof is usually covered under the strata building insurance policy.
- Water damage to common property areas caused by that storm is also typically covered.
- Damage to your lot contents may require your own contents insurance policy.
- Damage caused by a long-neglected roof that was never repaired may be excluded from the strata policy.
- Damage caused by a lot owner’s unapproved roof modification is unlikely to be covered by strata insurance.
Always notify the strata manager immediately so they can lodge a claim with the strata insurer if applicable. Delays in notifying the insurer can result in a reduced payout or a rejected claim.
In QLD, strata building insurance is compulsory under the BCCM Act. In NSW and ACT, it is also required under respective legislation. Every owners corporation must hold a current policy, so request a copy if you have not seen it.
Know When to Bring in a Professional Roofer for Evidence
One of the most practical steps in any strata roof leak dispute is getting a qualified roofing contractor to conduct an inspection and provide a written report. This is especially important when the owners corporation disputes that the roof is the source of the water ingress.
A good inspection report should include:
- The exact location of the defect or failure on the roof.
- The likely cause of the defect (age, storm damage, poor workmanship, lack of maintenance).
- Photographic evidence taken from the roof itself.
- A clear recommendation for the repair method required.
- An estimate of the cost to rectify the issue.
Five Star Roofing has provided inspection and reporting services for strata disputes across Sydney, the ACT, and South East QLD. Our written reports are structured to be useful in tribunal proceedings and insurance claims, not just for quoting purposes.
If the owners corporation has already obtained a report from their preferred roofer, you are entitled to get your own independent assessment. Two conflicting reports can be submitted to the tribunal and an independent expert may be appointed to make a finding.
Explore Mediation Before Going to Tribunal
Tribunal proceedings take time and money. Before escalating, consider formal mediation. In NSW, Fair Trading offers strata mediation services before a matter proceeds to NCAT. In QLD, the Commissioner’s Office provides a free conciliation service. The ACT has a similar process through Access Canberra.
Mediation works well when both parties are willing to negotiate and the dispute is primarily about cost-sharing rather than a fundamental disagreement about liability. A mediator helps both sides reach an agreement without the formality of a tribunal hearing.
If mediation fails or is not appropriate, you can proceed to the relevant tribunal. NCAT in NSW can issue orders requiring the owners corporation to carry out repairs and can award compensation for damage to your lot. QLD and ACT tribunals have similar powers.
Keep in mind that tribunal outcomes are binding, and an order to repair must be complied with. The owners corporation cannot simply ignore a tribunal order without facing further legal consequences.
FAQs on Strata Roof Leak Disputes
Can I repair the roof myself and claim the cost back from the owners corporation?
Generally, no. You should not carry out repairs to common property without written approval from the owners corporation. Doing so can make you liable for any damage caused and may void the strata insurance policy. Always request that the owners corporation arranges and pays for the repairs through the correct process.
How long does the owners corporation have to fix a roof leak in NSW?
There is no fixed statutory deadline, but the owners corporation must act within a reasonable timeframe once notified. For urgent leaks causing active damage, reasonable action means within days, not weeks. If they fail to act, you can apply to NCAT for an urgent order to compel repairs.
What if the roof leak is coming from the unit above mine, not from the common roof?
If the leak originates within another lot, for example from a balcony, a bathroom, or a garden area that belongs to another owner, then that lot owner may be responsible. You would need a professional inspection to determine the source, and the matter would be between you and the other lot owner, not the owners corporation.
Can I claim compensation for damage to my furniture and belongings from a strata roof leak?
Yes, in some cases. If the owners corporation breached its duty to maintain common property and that caused damage to your lot and belongings, you may be entitled to compensation. In NSW, NCAT can award compensation for loss suffered due to an owners corporation’s failure to repair. Contents insurance can also cover this in the short term.
Does the strata levy cover the cost of roof repairs?
Routine maintenance costs are covered by the administrative fund, which is funded by your strata levies. Major repairs may be covered by the capital works fund (formerly the sinking fund). If neither fund has enough money, the owners corporation may raise a special levy to cover the repair cost.
What if the strata manager keeps ignoring my requests about the roof leak?
A strata manager is engaged by the owners corporation, not you personally. If they are unresponsive, request that the matter be placed on the agenda for the next general meeting. You can also contact your state regulator. In NSW, complaints about strata managers can be made to NSW Fair Trading. In QLD, contact the Commissioner for Body Corporate and Community Management.
Wrap Up and Next Steps
Strata roof leak disputes come down to two things: establishing where the leak is coming from and determining who is responsible under the relevant legislation in your state or territory. Acting quickly, documenting everything, and getting a professional inspection report are the most important steps you can take.
If you need an independent roof inspection to support your strata dispute, Five Star Roofing is ready to help. We serve property owners across Sydney, NSW, QLD, and ACT and provide detailed written reports suitable for tribunal and insurance purposes. Call us today on +64211234567 to book your inspection or request a quote.
