VIC: Q&A Who is responsible for balcony repairs?

This VIC article is about who is responsible for balcony repairs in Victoria.

Table of Contents:

• QUESTION: A third of the apartments in our block have balconies with significant damage. If owners have not properly maintained the balconies, are all owners required to contribute to the repairs?
• QUESTION: My balcony floor has a downward bow at its centre line, causing water pooling. Total reconstruction is recommended. As this is a structure issue, would the cost of repair be covered by strata insurance?
• QUESTION: Our balcony is leaking. The waterproof membrane has failed, however the substrate also needs to be replaced. If the Owners Corporation is replacing the substrate, do we need to pay for the waterproofing and tiling?
• QUESTION: I own a lot in VIC. The waterproofing of my balcony isn’t covered by strata insurance. It is the lot owner’s responsibility to maintain and repair? Is there an insurance product available that insures me for damage to the waterproofing on my balcony?
• QUESTION: When it rains, water backs up into the door tracks and drains into my garage below. The OC will not assist as they say it is not their problem. How do I solve this?

Question: A third of the apartments in our block have balconies with significant damage. If owners have not properly maintained the balconies, are all owners required to contribute to the repairs?

Six of the 18 apartments in our building have substantial damage to the concrete floor of their balconies, while the remaining balconies have cosmetic damage.

On the strata subdivision documents, balconies do not appear to be common property. However, the owners corporation (OC) has billed all owners for repairs to the affected balconies.

When I contacted the owners corporation manager, they stated that owners are individually responsible for maintaining the internal aspects of their properties but are jointly responsible for maintaining the external aspects. The repair invoice suggests that internal work will be performed.

Additionally, in previous meeting minutes, the strata manager mentioned that owners must ensure balcony drainage holes are kept clear and the waterproofing membrane is monitored to prevent water from egressing onto the common property. Does this imply owners contributed to the damage by failing to maintain their balconies?

If so, why are owners with structurally sound balconies— who maintained their internal aspects — required to share the cost of these repairs equally?

Answer: It is unusual for the slab under a balcony to be private lot property.

It is difficult to provide an answer without seeing the plan of subdivision. It is unusual for the slab under a balcony to be private lot property. Normally, it is common property. If it were common property, the structural slab would generally not be subject to the benefit principle.

If the slab is not common property but rather private lot property, the private lot owner will be responsible for the cost of repair. However, the OC would need to have provided a Section 48 notice requiring the repairs to be undertaken and the owner to be given 28 days to do so. If the boundary of the balcony is internal face, the slab will be common property, and the waterproof membrane will be private lot responsibility.

Phillip Leaman
Tisher Liner FC Law
E: ocenquiry@tlfc.com.au

This post appears in the August 2025 edition of The VIC Strata Magazine.

Question: My balcony floor has a downward bow at its centre line, causing water pooling. Total reconstruction is recommended. As this is a structure issue, would the cost of repair be covered by strata insurance?

Answer: A structural engineer or a certified building inspector can determine if the cause of the bowing constitutes “sudden and accidental damage”.

When a balcony floor begins to show signs of bowing, leading to water pooling, an owners corporation may look to their strata insurance for cover. However, understanding what a strata insurance policy covers is crucial for setting realistic expectations about the claim’s success.

Strata insurance policies are designed to cover “sudden and accidental damage.” This means that for a claim to be successful, the damage must not have occurred over time and must have resulted from a specific, unforeseen event. In the case of a balcony floor bowing, this condition often develops gradually, suggesting that it might not meet the “sudden” damage criteria. However, if there is an identifiable cause, such as water damage or inundation, the policy may provide cover, though this will be determined on a case-by-case basis.

It’s also essential to understand the common exclusions in strata insurance policies, such as:

• Rectification of Faulty Workmanship: The policy may not provide coverage if the bowing is due to poor construction practices.
• Normal Settling, Creeping, and Heaving: These are natural processes that buildings undergo, and insurance typically does not cover them.

Before proceeding with a claim, we advise you to consult a structural engineer or a certified building inspector. These professionals can assess the cause of the bowing and determine if it constitutes “sudden and accidental damage” and whether the event is excluded. Their evaluation will be crucial in supporting your insurance claim.

If the professional assessment supports your claim, gather all necessary documentation, including the expert’s report, to submit to your insurer. Be prepared to provide detailed information about the damage and its impact.

Regular maintenance and inspections often prevent issues like bowing from developing or worsening. Implementing a routine check-up can save significant hassle and expense down the line.

While the prospects for a successful strata insurance claim for a bowed balcony floor might seem challenging, understanding the policy’s scope and consulting with experts can guide you through the process. Property owners can navigate these complex issues more effectively by taking proactive steps and seeking professional advice.

Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.

This post appears in Strata News #708.

Question: Our balcony is leaking. The waterproof membrane has failed, however, the substrate also needs to be replaced. If the Owners Corporation is replacing the substrate, do we need to pay for the waterproofing and tiling?

Our balcony is leaking and it appears we will need to re-waterproof the area. We have engaged a contractor to do a remedial membrane since the tiles are in good condition and don’t need to be replaced. However, a recent report on the building stated that there is a damaged substrate below our balcony and the material used in construction is not “ideal” for use under balconies.

The Owners Corporation wants to rip up our tiles and membrane to fix the substrate; but if they rip up our balcony, aren’t they then required to repair what they’ve taken up? They’re saying we need to pay to re-membrane and re-tile our balcony. We agreed to do a remedial membrane, but we feel it’s unfair to pay for re-tiling when they are the ones ripping it up to fix the substrate.

Answer: If the membrane were intact, we believe the Lot Owner would have a solid argument that any damage caused in rectifying the substrate should also be covered at the Owners Corporation’s expense.

In our experience the balustrades and slab form part of the Owners Corporation’s common property, whereas the membrane and tiles are the Lot Owners property/responsibility to maintain. If the membrane were intact, we believe the Lot Owner would have a solid argument that any damage caused in rectifying the substrate should also be covered at the Owners Corporation’s expense.

However, as the membrane is compromised and requires remedial repairs, it would be an opportune time for the Owners Corporation to complete repairs to the substrate. Whilst the Lot Owner has proposed a remedial repair approach to the membrane to prevent any damage to the tiles, this solution would have a limited life expectancy and require ongoing maintenance.

It should also be noted that taking a remedial repair over replacement of the membrane may see these works completed under a non-warranty replacement agreement, meaning that the supplier providing the repair may not warrant their work as you would get with a full membrane replacement. In addition to this not having the correct foundation (substrate) in place, it could result in a more costly repair and/or replacement at a later date and rework in the long run.

Being in Victoria, we would need a copy of the plan of subdivision to confirm whether any part of the balcony forms part of the Owners Corporation’s common property.

Braden Sharma
Sedgwick
E: braden.sharma@au.sedgwick.com
P: 0457 715 091

This post appears in the November 2022 edition of The VIC Strata Magazine.

Question: I own a lot in VIC. The waterproofing of my balcony isn’t covered by strata insurance. It is the lot owner’s responsibility to maintain and repair? Is there an insurance product available that insures me for damage to the waterproofing on my balcony?

Answer: Costs associated with maintenance of a property are part of the risk of owning a property.

The general principle for insurance is that maintenance costs are costs for the property owner – similar to tyres and radiators failing in a car.

All policies will have exclusions associated with wear and tear, gradual deterioration, developing flaws, building defects, rectification of faulty workmanship etc.

While the maintenance cost can be high for membrane repairs, I am not aware of a product or policy on the market that provides maintenance cover (just like I am not aware of any policy that provides cover to fix a burnt out car radiator).

In this instance, costs associated with maintenance of a property are part of the risk of owning a property.

Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.

This post appears in the July 2022 edition of The VIC Strata Magazine.

Question: When it rains, water backs up into the door tracks and drains into my garage below. The OC will not assist as they say it is not their problem. How do I solve this?

I live in a 2 story townhouse in a block of 8. The block is about 15 years old. I have a street level sliding door opening onto a 25 sqm balcony. I was told by tradesmen that the issue is due to a building defect causing my balcony to sit higher than it should.

The sliding door tracks are buried into the balcony so rainwater cannot drain out of the tracks and instead, flows into the garage below. The OC will not help as they say it’s not their problem.

Answer: There should be a step down from the inside of the apartment to the outside of the balcony.

In accordance with the building code, there should be a step down from the inside of the apartment to the outside of the balcony. That step can vary, but we’re talking around 75 millimetres or 3 inches. This can change dependent on the exposure of the particular building, type of building and what exposure it has to the coast, etc.

That step is, very regularly, compromised. Modern architecture has a big part to play in that. We all enjoy that indoor outdoor living transition where don’t want to step over something or down, we’d like to just go straight out onto the balcony.

How have they overcome that in modern architecture? One of the solutions is strip drains at the openings, and effectively the step is within that strip drain where there’s an ability to capture the water before it can come inside.

The purpose of a step is that if you looked at an outdoor balcony, if there is a 75 millimetre step, the balcony can effectively fill up like a bathtub. It’s not until the water reaches that 75 millimetre height that it will spill inside. That’s your layer of protection. You would like to think that by then the water has overflowed off the balcony and you don’t have a problem.

The problem outlined in the question is very, very common. We see this regularly. This building is 15 years old. Quite often around that era, many buildings alleviate that step. Also, in a building of that age people make decisions to renovate. They may choose to put tiles on the balcony, the floor gets built up and all of a sudden it eliminates that step.

Drainage is normally in the aluminium sill. When the water hits the glass door it runs down into the track at the bottom and there are slits that allow the water to escape onto the balcony and run away. If you cover those slits up, it’s like putting a plug in a bathtub and the water can’t get out. Water will build up and the closest place it can go is normally inside the apartment because that is it’s only form of escape.

When those slots are blocked, you are limited in what you can do. Are there retrofitted tiles on the balcony? If so, they may need to come up and the floor lowered to a new height if that’s possible. Another solution, and we’ve done this before, is for contractors to cut strip drains to allow the water to escape. This solution is very dependent on the structure below as you may not be able to cut into the structural members of the slab.

These issues are normally associated with a lot property problem given it is a balcony and a sliding door. Are there other units in the complex that have the same issue?

Bruce McKenzie
Sedgwick
E: bruce.mckenzie@au.sedgwick.com
P: 1300 735 720

This post appears in the July 2022 edition of The VIC Strata Magazine.

Read next:

• VIC: Q&A Water Leak From Balcony
• VIC: What’s yours and what‘s common property?

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Visit our Strata Building Defects OR Strata Title Information Victoria.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

If you have issues with your balcony, we’d like to hear your experiences. Have a question about balcony repairs or something to add to the article? Leave a comment below.