SearchRoof share
John asks:
(updated on Thursday, July 28th 2016)
We own the top story unit of a two story of a two unit block. The roof needs renewing. Does the owner of the lower unit have any obligation to contribute to the cost? To me, it seems that they share the roof..?
Our Experts Answer:
Where there are multiple units in a building the responsibilities of the owners are defined by the Unit Titles Act 2010.
Certain parts of a building, including the roof, are called “building elements”, and the Act specifies that the maintenance of these elements is a shared cost to be borne by the body corporate (comprising all unit owners). Section 138 (2) says that “The body corporate must maintain, repair, or renew all building elements and all infrastructure that relate to or serve more than 1 unit.”
Therefore your roof, serving both upstairs and downstairs units, is a responsibility of the body corporate.
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