The short answer
In most NSW strata schemes the roof is common property, so the owners corporation must repair it and fix water damage that comes from it. Check the strata plan and by-laws first, then get the leak traced and photographed so the committee can approve the right fix.
This is general information, not legal or insurance advice. Check your own strata plan, by-laws and policy, and ask a qualified adviser about your situation.
Who is responsible for the roof?
Usually the owners corporation. NSW Fair Trading’s strata repairs and maintenance guide says the owners corporation must repair and maintain common property. Its list of owners corporation responsibilities includes the roof and gutters, the ceiling (except painting, unless an owner’s changes caused the problem), and water damage coming from common property.
The duty comes from section 106 of the Strata Schemes Management Act 2015 (NSW). NSW Government guidance describes it as a strict obligation on the owners corporation to properly maintain common property and keep it in a state of good and serviceable repair.
Lot owners look after their own property. Fair Trading lists water damage coming from inside an owner’s property, and plumbing in internal walls and fixtures, as the owner’s job.
When it might be different
Schemes differ. Fair Trading says you can find what is common property in your scheme by checking the strata plan and by-laws.
A by-law can move a repair duty to a lot owner, but only in one way. NSW Government guidance on owners corporation works says an obligation on a lot owner to repair and maintain common property can only be created by a common property rights by-law made with that owner’s written consent. If a lot has a by-law like this, check exactly what it covers.
What to do when a leak is reported
- Record it. Ask the owner or tenant for photos of the stain or water and when it appears (heavy rain, wind from one direction, all the time).
- Check responsibility. Look at the strata plan and registered by-laws for that part of the roof.
- Get the cause found. Leaks travel. The stain on the ceiling is rarely under the fault, so a roofer needs to trace the water on the roof.
- Put the evidence in front of the committee. Photos of the cause and a clear scope make approval easier.
- Keep the records. Keep the report, the before and after photos and the invoice with the building’s maintenance records.
Emergency repairs by an owner
Owners should tell the strata manager or a committee member as soon as they can. According to NSW Fair Trading, an owner who arranges an emergency repair may be eligible for a refund from the owners corporation. They will need to show the repair was the owners corporation’s responsibility, and may need to show it was necessary and urgent. Fair Trading suggests taking photos and asking the tradesperson for written details of the problem and the fix.
What if a repair isn’t made?
Fair Trading’s steps are: put a motion to the next general meeting; if the owners corporation still refuses, apply for Fair Trading’s free mediation; and if mediation fails or the owners corporation won’t take part, lodge a formal complaint with Fair Trading.
Insurance
A roof leak isn’t always an insurance claim. The Insurance Council of Australia says strata insurance typically covers damage to common areas, including roofing, from insured events. It does not cover damage caused by inherent defects or poor building maintenance. The policyholder is the owners corporation. Ask your strata insurer or broker about a particular claim.
How JSJ helps strata managers
Strata managers can forward the owner’s email or work order to info@jsjroofing.com.au. We arrange access, contact occupants and send a written report with photos. Inspections and reports for strata buildings are charged. We confirm the fee when you send the job.
See how we work with strata managers, roof leak repairs and box gutter replacement.
Common questions
Who pays to fix a roof leak in a NSW strata building?
Usually the owners corporation. NSW Fair Trading lists the roof and gutters, and water damage coming from common property, as the owners corporation’s responsibility. Check your strata plan and by-laws, because schemes differ.
Can a by-law make a lot owner responsible for part of the roof?
It can. NSW Government guidance says an obligation on a lot owner to repair and maintain common property can only be created by a common property rights by-law made with the owner’s written consent. Check the scheme’s registered by-laws.
What if an owner gets an emergency repair done themselves?
NSW Fair Trading says an owner may be eligible for a refund from the owners corporation if they show the repair was the owners corporation’s responsibility. They may also need to show it was necessary and urgent. Photos and a written description from the tradesperson help.
Does strata insurance cover a leaking roof?
It depends on the cause and the policy. The Insurance Council of Australia says strata insurance typically covers damage to common areas from insured events, but not damage caused by inherent defects or poor building maintenance.
Do you charge for strata roof inspections?
Inspections and reports for strata buildings are charged. We confirm the fee when you send the job.
How do I send JSJ a strata job?
Forward the owner’s email or work order to info@jsjroofing.com.au. We arrange access, contact occupants and send a written report with photos.
Sources
Checked 31 October 2026. Rules and policies change, so check the source for the current position.
- Strata repairs and maintenance (NSW Government (NSW Fair Trading))
- Strata Schemes Management Act 2015 (NSW), section 106 (NSW Legislation)
- Owners corporation works: required motions and by-laws (general information resource, 2022) (NSW Department of Planning and Environment)
- Improving outcomes for strata residents (fact sheet) (Insurance Council of Australia)