Who pays for a leaking shower or balcony in a NSW strata building?
When a shower or balcony leaks into the unit below, the first question is usually who pays. In most NSW strata buildings it comes down to three things: whether the failed part is common property, whether the bathroom or balcony has been renovated, and what your by-laws say.
The short answer
The owners corporation must repair and maintain common property (NSW Government). In most buildings that includes the concrete slab, the original waterproofing membrane and the original tiles laid when the strata plan was registered (PBL Law Group). So when an original membrane fails, the owners corporation usually pays to fix it.
A lot owner usually pays for things inside their lot: fixtures, the shower screen, and tiles and waterproofing they or a previous owner installed after the strata plan was registered (common property memorandum).
What usually counts as common property
The NSW common property memorandum is a government guide that many buildings use to split repair duties. It lists these as the owners corporation’s responsibility:
- Original balcony tiles and the waterproofing under them
- Original floor tiles and waterproofing on common property floors
- Original wall tiles and waterproofing on common property walls
- Membranes
- Pipes inside common property walls, floors and ceilings, and floor drains in common property
It lists the shower screen, and tiles and waterproofing an owner added after registration, as the lot owner’s. Not every building uses the memorandum, so your strata plan and by-laws are what count.
When the lot owner may pay
- The bathroom or balcony was renovated. New tiles and waterproofing laid by an owner after registration are usually the owner’s to maintain.
- A by-law moves the duty. A renovation or exclusive use by-law can make the owner responsible for maintenance and repairs.
- The owner caused the damage. An owner who damages the membrane, or renovates without approval, can be liable for the repair (PBL Law Group).
- The scheme is very old. In schemes registered before 1 July 1974, the lot owner is often responsible for the membrane.
What to do when a leak appears
- Tell the strata manager and the owner upstairs in writing, with photos and dates. Our strata documentation checklist lists what helps.
- Don’t arrange repairs to common property yourself without the owners corporation’s approval (Jamesons Strata).
- Get the source found before anyone argues about cost. Where access is arranged, the area above and the damage below should both be inspected.
- If a needed repair isn’t made, you can put a motion to the next general meeting, then ask NSW Fair Trading for free mediation (NSW Government).
How we help
We work for strata managers, building managers, owners corporations and owners. We inspect the leaking area and, where access is arranged, the unit below. Then we give a written scope that says what we found, where the water is getting in and what’s included and excluded. We can also issue a compliance certificate for our waterproofing work.
We don’t decide who pays. That’s for the owners corporation under your strata plan and by-laws, but our findings give the committee the facts it needs. See our strata leak repairs
Sources
- NSW Government: Strata repairs and maintenance
- NSW Government: Common property memorandum (PDF)
- NSW Fair Trading: Strata repair and maintenance health check (July 2025)
- PBL Law Group: Strata balcony repair in NSW (updated Feb 2026)
- Jamesons Strata Management: Strata repairs and maintenance in NSW (Feb 2026)
This guide is general information about NSW strata as at November 2026, not legal advice. Check your strata plan and by-laws, or ask your strata manager or a strata lawyer about your building.
Leaking shower or balcony?
We'll inspect it and quote for free, anywhere in Sydney. If the tiles are sound, we can usually stop the leak without lifting them. The sealing product we use carries a manufacturer's product warranty of up to 25 years, under the manufacturer's terms.