Strata roof leaks in NSW: who’s responsible for repairs

Published 23 October 2026

Who is responsible for a strata roof leak?

The Strata Schemes Management Act says an owners corporation “must properly maintain and keep in a state of good and serviceable repair the common property”, and “must renew or replace any fixtures or fittings comprised in the common property” (s 106). NSW Government guidance says common property includes things like “roofs, pipes, cables and external walls”, and its table of who’s responsible “In most cases” puts these with the owners corporation:

• “Roof and gutters”
• “Ceiling, (except painting) unless the problem is due to changes the owner has made”
• “Water damage coming from common property”

Owners look after “Changes you have made to the ceiling”, internal painting and “Water damage coming from inside your property”. Schemes differ, though: the guidance says to check your strata plan and by-laws. By our reading of the Strata Schemes Development Act, a standard lot’s upper boundary is the underside of its ceiling, so the roof above is common property unless the plan says otherwise.

What to do when the roof leaks into your unit

• Make it safe first: keep away from wet light fittings and power points and don’t touch their switches; turn the power off at the switchboard if you can reach it without standing in water, and stay out of the roof space. Our roof leaking: what to do first guide has the steps.
• Report it in writing to your strata manager, strata committee or building manager. NSW Fair Trading’s policy says repair concerns “should be reported in writing”.
• Take photos and note the dates, the weather and where the water appears. Keep copies of every email.
• If the leak isn’t urgent, check recent meeting minutes: the guidance suggests owners check “whether the issue has been discussed and the repair has been planned for”.
• If you rent the unit, tell your landlord or agent instead; see roof leaks in a rental.

Don’t book your own roofer for the roof itself. An owner “must not carry out work on the common property” without authority from the Act, a by-law or the owners corporation (s 111), apart from the emergency route below.

Emergency roof repairs: when an owner can call a tradesperson

NSW Government strata guidance sets out what an owner can do in an emergency:

• “If possible, notify your strata manager of the problem and/or get advice from a strata committee member as soon as you can.”
• “Check the website of your strata management company for a list of emergency tradespeople you can hire.”
• “If there is no emergency contact list, you can choose who to hire.”
• “Once the repair is complete, you may be eligible for a refund from the owners corporation.”

To get the money back, the guidance says you’ll need to show the problem was something the owners corporation is responsible for, and you may also need to show it was necessary and urgent: “Take photographic evidence, and ask the tradesperson to give you written details explaining the problem and what was done to fix it.” A licensed roofer can make the roof safe and write up what they found.

How the owners corporation arranges and pays for the repair

“If the owners corporation is responsible, they will organise a tradesperson to make the repair”, the NSW guidance says. Minor repairs can be handled by the strata committee, strata manager or building manager “without the need for a meeting” and paid from the administrative fund. In the guidance’s own case of a storm-damaged roof, the committee compares quotes and the repair is paid for from the capital works fund.

For bigger jobs, the guidance says “All schemes, regardless of their size, must obtain at least two independent quotes for any work valued at $30,000 or more”. That doesn’t apply to emergencies: the Act exempts “expenditure for emergency purposes”, including “serious damage caused by a storm, fire or another natural disaster” (s 102(5)). For emergency repairs, meaning urgent repairs needed to address “a serious and imminent threat to the health or safety of the occupants”, an owners corporation can set a levy due “at least 14 days” after notice (s 83). In an emergency it may also enter “any part of the parcel” to do the work (s 122).

If the owners corporation won’t fix the roof

NSW Fair Trading’s enforcement policy (October 2025) sets out the steps: report in writing and give the owners corporation “a reasonable opportunity” to fix it, put a motion to the next general meeting, then apply for Fair Trading’s free strata mediation. Mediation is “compulsory for most strata and community schemes disputes before NCAT can consider an application”, and the policy lists “water penetration” and “mould” among matters it treats as urgent.

If mediation fails, an owner can lodge a complaint with Fair Trading, which has had new powers to enforce common property repairs since 27 October 2025. The policy names “waterproofing and water shedding, including those that compromise structural integrity or habitability” as a case for escalated enforcement, such as a compliance notice. NCAT can also make orders when an owners corporation fails to act, including where it hasn’t acted on, or answered, an owner’s request within two months (s 232).

If the owners corporation’s failure to repair caused you a loss, such as damaged flooring or contents, the Act lets you recover “any reasonably foreseeable loss” as damages (s 106(5)). Since 1 July 2025 you have six years from when you first became aware of the loss, up from two.

Strata insurance: building and contents

The owners corporation must insure the building (s 160), but not what’s inside your unit. NSW Government guidance warns that “Even where damage is caused by a common property issue, personal items such as furniture, electrical appliances, curtains and carpets may not be covered by the owners corporation”, and recommends contents insurance for owners and tenants. For how a claim works, see roof leaks, storm damage and insurance.

Common questions