You notice a brown stain spreading across the ceiling. The next time it rains, water begins dripping into the room. Because the damage is inside your unit, you likely assume that the roof repair is automatically your responsibility.
In a sectional title complex, however, where visible damage is located doesn’t necessarily determine who must fix the problem. The more important question is: where is the water coming from?
Roof structures are generally common property, which means the body corporate is usually responsible for maintaining and repairing them. However, the sectional plan and actual cause of the leak can all affect who ultimately pays.
Who is responsible for a sectional title roof?
The Sectional Titles Schemes Management Act sets out a broad division of responsibilities. The body corporate must maintain the common property and keep it in a good, serviceable condition. Individual owners, meanwhile, must maintain their own sections.
In many sectional title developments, the main roof forms part of the common property rather than any individual unit. Roof sheeting and other shared roofing elements would therefore generally fall under the body corporate’s maintenance responsibilities.
According to Connoisseur Roofs, this is not something that should be decided just by looking at where the water is coming from. Before responsibility can be allocated, the sectional plan and relevant scheme rules should be checked and the source of the roof leak properly investigated.
When does the body corporate pay for a roof leak?
If an inspection shows that water is entering through a defective common-property roof, the body corporate will generally be responsible for repairing the source of the leak.
This can still be the case when the water enters only one unit or creates damage inside an owner’s ceiling or walls. CSOS adjudication decisions have recognized the distinction between the place where water damage appears and the common-property structure causing it.
But responsibility for fixing the roof and liability for the resulting damage inside the unit are not always the same question. Negligence and individual circumstances can decide who pays for damaged ceilings or other belongings.
Owners should report leaks promptly. Leaving a known problem unattended can lead to more extensive damage and complicate an insurance claim or later dispute.
It is also worth checking what the scheme’s sectional title insurance covers and how to report a claim.
When could the owner be responsible?
Owner responsibility is involved when the water comes from something forming part of that owner’s section or from an installation serving only the unit.
Possible examples include:
- Plumbing that serves only the owner’s unit
- A skylight, air-conditioning system or other alteration installed by the owner
- Damage caused by the owner’s actions or negligence
- A maintenance duty specifically allocated to the owner under valid scheme rules
An owner may also be responsible if unauthorized alterations have interfered with the roof or waterproofing. This is why identifying the source of the leak is so important: two leaks that look almost identical from inside can have very different causes.
What should you do when you discover a roof leak?
Start by documenting the problem. Take photographs or videos of the leak and any damaged belongings. Make a note of when the leak appeared and whether it becomes worse during rain.
Notify the body corporate or managing agent in writing as soon as possible. Ask for the source to be professionally inspected instead of allowing anyone to assign responsibility based only on where the damp patch comes from.
Keep copies of correspondence and inspection reports. Don’t get major repairs done to common property yourself without authorization. Even when urgent action feels necessary, recovering the cost later will be difficult if the correct approval process wasn’t followed.
What if the body corporate refuses to repair the roof?
If the evidence shows that the leak comes from common property but the body corporate fails to act, begin by following the scheme’s internal dispute process. Understanding sectional title owners’ rights can also help you ask informed questions and hold trustees accountable.
If the issue is still not resolved, you can consider applying to the Community Schemes Ombud Service.
The most important question is where the leak originates. Establish the cause, report it quickly and check the sectional plan and scheme rules before assuming who must pay.
