Who is responsible for fixing flooding damage caused by a blocked sewer line?
In this month’s Strata Q&A, we received a question from Craig C, an owner based in NSW, regarding who is responsible for cleaning the mess and fixing the damage that occurred after his unit was flooded with water due to a blocked sewer line. Who is liable and who picks up the bill in this situation?
Q. Who is responsible for fixing flooding damage caused by a blocked sewer line?
Our ground-floor unit was flooded after a sewer blockage 20 meters into the main line. The strata plumber cleared the blockage, but now we have badly damaged carpet from the flooding. Who is responsible for cleaning up the mess and damage?
A. Since this blockage was 20 metres down the line, it would be considered part of common property, meaning the owners corporation must fix the pipe.
If a sewer pipe blocks and floods your unit, who cleans up depends on where the blockage happened. In NSW, the owners corporation is responsible for the sewer pipes that form part of the common property. Since this blockage was 20 metres down the line, it would be considered part of common property, meaning the owners corporation must fix the pipe.
Because the flooding was caused by a failure of common property, the owners corporation is also responsible for cleaning up the mess inside your lot. That usually means organising and paying for the clean-up, replacing damaged carpet, and repairing any affected walls or finishes.
Insurance will normally come into play. The strata building insurance usually covers sudden damage from things like burst or blocked pipes. The owners corporation should make a claim on this policy, and if covered, the insurer will usually arrange and pay for the work. However, personal belongings such as rugs, furniture, and electronics are not covered by the strata policy, so you may need to claim these under your own contents insurance.
If this happens to you, let the strata manager or committee know straight away in writing, ask them to arrange urgent clean-up, and request that they lodge an insurance claim. Take photos of all the damage before anything is removed. If the response is delayed, you can organise emergency cleaning or drying yourself to stop mould and then seek reimbursement later.
In terms of brass tacks the owners corporation must fix the blocked pipe, arrange and pay for the clean-up inside your lot, and use their strata insurance where possible. You’ll just need to use your own contents insurance for any personal items that were damaged.
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