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February 2, 2020

Should the Body Corporate Repair the Leaking Pipe?

A Queensland lot owner would like to know if the body corporate is responsible for repairing a leaking pipe in Queensland. Todd Garsden from Hynes Legal provides the following response.

Question: We have a leak in the main water pipe which is located in an exclusive use area. The pipe services all units. Are repairs to a leaking pipe that services all units a Body Corporate expense?

We are a complex of 2 low set buildings each containing 2 duplexes in a Standard Format Plan in Queensland. At the rear of each duplex is an area designated as exclusive use which works successfully. The main water line servicing all four units from the footpath lies beneath and along the fence line with the neighbours in the exclusive use area. A leak has developed in the pipe connecting that water main pipe to the external and individual water meter in one of the units before distribution throughout that unit.

It is my understanding that although the main water pipe is located in all 4 exclusive use areas, because the pipe services all dwellings, any repair to a leak connecting that pipe to a dwelling would be at Body Corporate expense. Is this correct?

Answer: If it services all lots, the body corporate must fix the leak.

Utility infrastructure that services more than one lot is the maintenance responsibility of the body corporate. It does not matter where the pipe is located. If the pipe services all 4 lots, the body corporate must repair the leaking pipe.

Todd Garsden

Hynes Legal

This article has been republished with permission from the author and first appeared on the LookUpStrata website.

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