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Few things cause more friction in strata than a repair bill and the question of who pays it. The answer almost always comes down to one distinction: is the thing that needs fixing common property, or part of your lot? Here is how NSW draws the line, who is responsible, and what to do when nothing gets fixed.
The dividing line
The dividing line is ownership. The owners corporation is responsible for the common property — broadly, the building’s structure and anything shared. Individual owners are responsible for their own lot — broadly, the inside of their apartment. Your registered strata plan defines the exact boundary for your scheme, so when in doubt, check it (and any by-laws that shift responsibility).
What is common property
Common property typically includes the structural parts of the building and shared areas: external and structural walls, the roof, the foundations, common stairwells and lobbies, lifts, shared pipes and wiring, the original waterproofing membranes, and often boundary windows and balcony structures. If it is structural or shared, assume it is common property unless your plan says otherwise.
What is lot property
Lot property is generally the inside of your apartment: internal (non-structural) walls, paint, floor coverings, kitchen and bathroom fittings, light fittings and your own appliances. Repairs and maintenance to lot property are the owner’s own responsibility and cost.
The owners corporation’s strict duty
Here is the part that matters most: the owners corporation’s duty to repair common property is strict. Under section 106 of the Strata Schemes Management Act 2015, it must properly maintain and keep the common property in a good and serviceable state of repair — proactively, and regardless of cost or inconvenience. Once it is aware of a defect, it cannot simply sit on it. (It can step back from a specific item only by special resolution, and only where safety and appearance are not affected.)
Turn a repair report into a tracked job
OneStrata lets owners log an issue, the committee turn it into a tracked task, and assign a contractor — with a dated record of when it was reported and resolved.
Worked examples
- A leaking roof or cracked external wall → common property → owners corporation
- A burst pipe inside your wall that serves only your lot → usually lot property → owner; a shared or common pipe → owners corporation
- Water through failed common waterproofing damaging your floor → the owners corporation must fix the waterproofing, and may be liable for the damage to your lot
- Your own renovated bathroom tiling failing → lot property → owner
- A broken common stairwell light or lobby → common property → owners corporation
When repairs aren’t done
If common property needs repair and the owners corporation will not act, you have options. Put the request in writing and keep a record. If it is still not addressed, you can apply to NCAT for orders compelling the owners corporation to carry out the work. For urgent issues that threaten safety or property, emergency works can be arranged. Do not simply do common-property repairs yourself without approval — you may not be able to recover the cost, and you can create a fresh dispute.
Claiming for damage and loss
Because the section 106 duty is statutory, an owner can recover reasonably foreseeable losses caused by the owners corporation’s failure to repair — for example, lost rent, temporary accommodation, or damage to the contents of the lot (section 106(5)). The 2025 reforms extended the time limit: from 1 July 2025, owners have six years (up from two) to bring a damages claim, running from when they first became aware of the loss.
For owners, the six-year window runs from when you became aware of the loss. For committees, the duty is triggered the moment you are aware of a defect. So the date a problem was learned about matters on both sides — recording when an issue was reported, and what was done, protects the scheme and the owner alike.
Doing it the easy way with OneStrata
- Owners report, you track. Residents log a maintenance issue; you turn it into a task and assign a contractor — nothing lost in an inbox.
- A dated record of awareness. Because the section 106 duty (and the six-year claim window) turns on when a defect was known, OneStrata’s timestamped, immutable log is exactly the record you want.
- Contractors in one place. Keep your trades and service providers on file, so the right person is a click away when something breaks.
- Proof you acted. The trail shows the issue was reported, actioned and resolved — protecting the committee if a dispute ever arises.
Repairs checklist
- Check the strata plan to confirm common property versus lot property
- Report common-property issues to the committee in writing, dated
- Committee: act promptly once aware — the section 106 duty is strict
- Arrange emergency works for anything affecting safety
- Keep a record of the report, the decision and the repair
- For unresolved common-property repairs, consider NCAT orders
- Note the six-year window for damages claims (from awareness of loss)
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This guide is general information for NSW strata owners and committees, not legal advice. The duty to maintain common property is set out in section 106 of the Strata Schemes Management Act 2015 (amended by the 2025 reforms, including the six-year limitation period); the common property boundary is defined by your registered strata plan. Always confirm current requirements with NSW Fair Trading (nsw.gov.au). OneStrata is record-keeping and management software for small to medium size strata schemes; it is not a licensed strata managing agent and never holds your funds.
Frequently asked questions
Is the owner or the owners corporation responsible for repairs in NSW strata?
The owners corporation is responsible for common property (structure and shared areas) under section 106; the owner is responsible for their own lot (the interior). The registered strata plan defines the boundary.
What counts as common property?
Generally the structural and shared parts — external and structural walls, roof, foundations, common pipes and wiring, original waterproofing, lobbies and lifts — but your registered strata plan is definitive.
What if the owners corporation will not repair common property?
Put the request in writing; if it is still not done you can apply to NCAT for orders compelling the work, and may claim reasonably foreseeable losses under section 106(5).
How long do I have to claim for damage from unrepaired common property?
From 1 July 2025, six years from when you first became aware of the loss (extended from two years).