This Q&A article about whether termites and pest control are strata responsibility in WA has been supplied by David Clark, Houspect WA.
Table of Contents:
- QUESTION: Can the strata company assume invasive access into our homes while attending an inspection of common property?
- QUESTION: Is it mandatory, or just a voluntary suggestion for a 4 townhouse survey strata to have an annual termite inspection of each unit and common area?
- QUESTION: Has there been any updates on the advice concerning termite/pest barrier protection and inspections in WA strata properties and who is responsible?
- QUESTION: A recent termite barrier treatment revealed that chemical delignification is present in the roof cavity. Would treatment costs be the responsibility of the strata company or would this be covered under building insurance?
- QUESTION: Is our strata responsible for the removal of a dead rodent from the ceiling space or wall cavity? The owner has complained about the rats several times but the council of owners have not done anything.
- QUESTION: Is there an industry standard for what a pest company should provide to strata and Lot owners in regard to the annual inspection by way of a pest control certificate or similar?
- QUESTION: In units, is pest control like termites a strata responsibility? For ongoing prevention, is an annual inspection required?
Question: Can the strata company assume invasive access into our homes while attending an inspection of common property?
Our strata company conducts common property termite inspections every two years. They insist we allow the inspectors to enter our lots, including personal spaces and cupboards. I find the inspection intrusive and an invasion of privacy.
If I refuse to provide access, the strata company insists I carry out an internal inspection at my own cost. Can the strata company assume invasive access into our homes while attending an inspection of common property?
Answer: If you do not wish termite inspectors to attend, an internal inspection by a suitably qualified pest inspector would be at your own cost.
Section 94 of the Strata Titles Act 1985 gives the strata scheme the authority to carry out work on common property. Section 95 provides the strata company the authority to enter any part of the parcel/ lot.
During termite inspections, inspectors must check walls, skirting boards and wooden items to ensure there is no presence of termites. A thorough inspection would include bedroom doors and cupboards or any wooden materials.
If the strata company notified the owner, they are authorised to conduct the inspection. If you do not wish termite inspectors to attend, an internal inspection by a suitably qualified pest inspector would be at your own cost.
Jamie Horner
Empire Estate Agents
E: [email protected]
P: (08) 9262 0400
This post appears in Strata News #708.
Question: Is it mandatory, or just a voluntary suggestion for a 4 townhouse survey strata to have an annual termite inspection of each unit and common area?
Is it mandatory, or just a voluntary suggestion for a 4 townhouse survey strata to have an annual termite inspection of each unit and common area?
Additionally, is it mandatory, or just a voluntary suggestion to also renew the chemical barrier after 5 years from when the initial barrier was done during the build?
These inspections can be highly expensive to conduct and we are trying to save money where we can.
Answer: Termite inspections are a must-do job as you may not be able to get Insurance if the strata scheme hasn’t been inspected regularly.
Termite inspections are a must-do job as you may not be able to get Insurance if the strata scheme hasn’t been inspected regularly.
Generally, as a condition of a Mortgage, the bank will also require regular termite treatments so as to protect their investment for the loan.
The cost is one that every owner would have to endure, just like if they owned a house.
Shane White
Strata Title Consult
E: [email protected]
This post appears in Strata News #592.
Question: Has there been any updates on the advice concerning termite/pest barrier protection and inspections in WA strata properties and who is responsible?
Answer: the strata company should be organising, as a minimum, annual termite inspections in accordance with AS3660.2, which includes all unit and common areas.
We have recently seen an increase in arguments between strata companies and the owners revolving around the obligations and responsibilities of who is liable when termites attack a unit. In a recent situation, a unit owner had significant termite damage to the roof and kitchen cupboards inside their unit. When we arrived to assess the situation, we found previous, yet recent, damage to the timber gate post that was abutting their unit. It was obvious that the termites first attacked the timber post (which was in the common area), and then moved to destroy the inside of the unit.
This is where it gets interesting. The unit owner is blaming the strata company, because, they failed in their duty of care to organise the annual termite inspection as suggested in AS3660.2. It is being argued that had the annual inspection taken place, that the termites would have been identified much sooner and it is highly likely that the damage bill would have been far less than the $25,000 it was now costing them.
This raises another interesting point for consideration. Should the duty of care be limited to only inspect the Common Areas of the complex or should it include each individual unit as well?
Another situation occurred where termites attacked the skirting board of a ground floor unit. Completely unnoticed by the occupant, the termites then tracked through the joining wall to the kitchen of the neighbouring unit. At the same time they tracked up the gap in the bricks to the unit above causing minor damage to their kitchen but the termites did eventually work their way into the roof of the top floor unit. When we investigated the situation, there was zero evidence of termites in the Common Areas. So what happens when the unit owner with the most damage starts looking for someone to blame? When everyone starts pointing fingers, the ultimate responsibility could come back to the Strata Manager as they failed to ensure that there was an adequate termite barrier in place to significantly reduce the chances of termites getting into the units to begin with.
What we have noticed as a general rule, when a strata complex has joining walls, then it’s the strata companies obligation to ensure that there is adequate termite protection in place – ie – a termite treatment zone installed as termites could travel from one unit to the other through the joining walls. When the complex consists of independent units (no joining walls), then each unit owner is responsible for their own termite protection (termite treatment zone / barrier), but the strata company should be organising, as a minimum, annual termite inspections in accordance with AS3660.2, which includes all unit and common areas. Under the Australian Standard guidelines each unit owner should receive their own copy of the report specifically tailored for their unit.
Daniel Bremer
SWATAPEST Pty Ltd
E: [email protected]
P: 9277 0960
This post appears in Strata News #510.
Question: A recent termite barrier treatment revealed that chemical delignification is present in the roof cavity. Would treatment costs be the responsibility of the strata company or would this be covered under building insurance?
A recent termite barrier treatment revealed that chemical delignification is present in the roof cavity. Chemical delignification is caused by excessive airborne chemicals and will likely spread unless the source of chemicals is removed.
Who is responsible for the treatment and payment? The strata company from the maintenance fund or would this be covered under building insurance?
Answer: It is unlikely that the degradation of a tile batten is an item covered by standard building insurances.
Chemical delignification is not uncommon and most often impacts tile battens in roof spaces. Essentially it is the breakdown of the fibres within the wood.
Delignification can be resolved by simply replacing the battens. There are treatments that can be applied as a preventative measure, but caution as these are often oversold.
It is unlikely that the degradation of a tile batten is an item covered by standard building insurances. It is a maintenance issue.
An examination of the Lot boundaries on the Strata Plan will enable stakeholders to determine if the roof void is Lot property of Common property. Once it is determined if the roof void is Lot or Common property it will be clear who is responsible for the maintenance of the item.
David Clark
Houspect WA
E: [email protected]
P: 0408 956 159
This post appears in Strata News #372.
Question: Is our strata responsible for the removal of a dead rodent from the ceiling space or wall cavity? The owner has complained about the rats several times but the council of owners have not done anything.
Is our strata responsible for the removal of a dead rodent from the ceiling space or wall cavity?
The lot owner lives in a second storey unit and has attached baits to the branches that the rats use for access to the roof space.The owner has complained about the rats several times but the council of owners have not done anything.
Answer: Attracting rodents into the building may interfere unreasonably with the use or enjoyment of another lot or the common property.
In WA, the Strata Company has obligations to maintain control and manage the common property for the benefit of all the owners of all Lots; and keep in good and serviceable repair, properly maintain and, if necessary, renew and replace and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause. So prima facie there may be an argument that a dead rodent in a common area would be the responsibility of the Strata Company.
However, if a Lot owner is contributing to the problem, i.e. leaving baits in a tree to attract rodents onto/into the roof then this may place some of the responsibility back onto the Lot Owner. Lot Owners and Occupants have obligations back to the Strata Company in relation to the common property. There could be an argument that attracting rodents into the building may interfere unreasonably with the use or enjoyment of another lot or the common property by a person who is lawfully on the lot or (or in) common property.
David Clark
Houspect WA
E: [email protected]
P: 0408 956 159
This post appears in Strata News #361.
Question: Is there an industry standard for what a pest company should provide to strata and Lot owners in regard to the annual inspection by way of a pest control certificate or similar?
Is there an industry standard for what a pest company should provide to strata and Lot owners in regard to the annual inspection, by way of a pest control certificate or similar stating:
- period of warranty,
- type of warranty ie spot or replacement etc.
Also, can each Lot owner retain/appoint their own preferred company to carry out annual pest control inspections?
Answer: Quality Termite Inspections are undertaken in accordance with AS 4349.3 and will provide a detailed report in accordance with this Standard.
Quality Termite Inspections are undertaken in accordance with AS 4349.3 and will provide a detailed report in accordance with this Standard. The report will incorporate any remediation work required. Generally, the report is directed toward the party that engages the work.
Where a Strata Company engages the Pest Inspector, the Strata Company will receive the report, individual reports to the underlying Lot owners are not required. This may be able to be provided by additional charges may apply. This is subject to the Strata Plan and where the Lot boundaries versus common property boundaries are situated.
It is quite possible that Lot Owners can engage a Pest Inspection for their Lot. However, this inspection is likely to focus on Lot property as opposed to common property and be an additional expense to the Lot Owner as it is unlike that it would negate the inspection of the common property. Once again, this information is subject to the Strata Plan and where the Lot boundaries versus common property boundaries are situated.
David Clark
Houspect WA
E: [email protected]
P: 0408 956 159
This post appears in Strata News #345.
Question: In units, is pest control like termites a strata responsibility? For ongoing prevention, is an annual inspection required?
Answer: This may not be a simple answer and will require a review of the strata plan and strata bylaws.
Please note: this response was provided prior to the proclamation of the new strata title amendments.
Australia Standards require Pest Inspections to be undertaken on an annual basis. While this is the goal, sadly this is not often implemented and hence pest infestations and damage (particularly termite) can be significant.
Who is responsible for Pest / Termite Inspections in a strata property?
This may not be a simple answer and will require a review of the strata plan and strata bylaws.
In some strata properties the Lot boundaries extend to the external services of all Lot structures. In this situation, you would expect the Lot Owner would be responsible for ongoing pest treatments.
Conversely, where the Lot boundaries are the internal surfaces of walls floors and ceilings you would expect that the strata company would be responsible for the effective maintenance of the common property which sits beyond the internal surfaces. Once again it is important to check any by-laws.
David Clark
Houspect WA
E: [email protected]
P: 0408 956 159
This post appears in Strata News #329.
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What is best practice for pest control in strata complexes? There is a line item in our strata budget for “pest control” but it hasn’t been spent in the last few years. I don’t think there is any wood in our building structure (??! there are definitely metal beams – would there be wood as well for sure?) – do we still require termite control? More importantly from a personal point of view – there are definitely cockroaches in the building and I’ve previously had an issue with ants (no longer ). I would really like that we keep on top of these – particularly making sure the occasional cockroach doesn’t develop into an infestation. Should the strata be getting regular preventative pest control? I’ve tried googling and it’s unclear..
Is the strata company responsible for the removal of a dead rodent from the ceiling space or wall cavity? In this instance the owner lives in a second storey unit and has attached baits to the branches that the rats use for access to the roof space.The owner has complained about the rats several times but the council of owners have not done anything.
Hi Stephanie
The following response has been provided by David Clark Houspect WA:
In WA the Strata Company has obligations to maintain control and manage the common property for the benefit of all the owners of all Lots; and keep in good and serviceable repair, properly maintain and, if necessary, renew and replace and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause. So prima facie there may be an argument that a dead rodent in a common area would be the responsibility of the Strata Company.
However, if a Lot owner is contributing to the problem, i.e. leaving baits in a tree to attract rodents onto/into the roof then this may place some of the responsibility back onto the Lot Owner. Lot Owners and Occupants have obligations back to the Strata Company in relation to the common property. There could be an argument that attracting rodents into the building may interfere unreasonably with the use or enjoyment of another lot or the common property by a person who is lawfully on the lot or (or in) common property.