With over 30% of Australians now opting for strata-managed living, particularly in bustling Melbourne, understanding the division of maintenance responsibilities becomes crucial for peaceful community living.
One of the most common areas of confusion is plastering and wall maintenance. Whether it’s a crack in the bedroom wall, water damage to the ceiling, or peeling render on the building’s facade, the big question remains: who is responsible for repairs, and how does the process unfold?
This guide clarifies the responsibilities, steps, and processes related to plastering repairs in strata schemes under Melbourne’s laws, particularly governed by the Owners Corporations Act 2006 and the Subdivision Act 1988.
The Legal Framework: Lot Property vs. Common Property
Defining Boundaries: Who Owns What in Strata Schemes?
The responsibility for plastering repairs is largely defined by whether the issue pertains to lot property or common property. In strata buildings, lot property refers to everything within the unit’s private space, whereas common property includes shared spaces such as external walls, roofing, and stairwells. Below is a quick breakdown:
| Property Type | Description | Responsibility |
| Lot Property | Everything within the “airspace” of the unit. Includes internal walls, floors, and fixtures specific to that unit. | Lot Owner |
| Common Property | Shared areas like external walls, roofs, stairwells, foyers, and structural elements. | Owners Corporation (OC) |
This distinction plays a key role in determining who handles repairs.
How to Use the Registered Plan of Subdivision
To determine repair responsibilities, refer to the Registered Plan of Subdivision. This official document outlines the exact boundaries between lot property and common property. You can access this through Land Use Victoria. It’s essential when determining whether a plastering issue falls within your private lot or involves common property.
For instance, if a crack appears in your living room wall, checking the plan will tell you if it’s an internal wall that is part of your unit (lot property) or if it’s part of a boundary wall (common property).
Internal Plastering: The Lot Owner’s Responsibility
Lot Owners’ Responsibility for Internal Plastering Repairs
In most strata schemes across Melbourne, internal plastering is the lot owner’s responsibility. This includes minor repairs such as patching cracks, fixing holes, or repainting internal walls.
Lot owners are responsible for:
- Internal walls and partitions: Any wall within the unit that doesn’t form a boundary with another lot or common property.
- Surface finishes: Includes painting, wallpapering, and decorative finishes on internal walls and ceilings.
- Minor repairs: These typically include patching up cracks or damage caused by the resident or their tenants.
For example, if you accidentally knock a hole in your wall or the paint has started to peel due to age, the repair is your responsibility. However, as per Section 129 of the Owners Corporations Act 2006, lot owners must maintain their property in a “good and serviceable repair” if it affects the building’s appearance or the enjoyment of other owners.
Structural Plastering: The Owners Corporation’s Duty
Who’s Responsible for Boundary and Structural Plastering Repairs?
Repairs involving the structure of the building or external plastering fall under the Owners Corporation’s responsibility. This typically includes common property areas, such as:
- Boundary walls separate individual lots and common property or other lots.
- External render and facades, including architectural finishes or render on the building’s exterior.
- Ceiling structure that often conceals shared infrastructure like plumbing, wiring, or air conditioning ducts.
- Foundations and structural elements, including cracks arising from foundation movement.
For instance, if there’s a crack in a boundary wall shared between two units or external render starts deteriorating, the Owners Corporation (OC) is responsible for repairing these structural issues.
The Owners Corporation’s Legal Duty to Maintain Common Property
Under Section 46 of the Victorian Owners Corporation Act, the OC is legally obligated to maintain common property in a state of good repair. This covers external elements like boundary walls, external facades, and structural features. In simple terms, if the damage concerns the building’s shared infrastructure, the OC is in charge of the repairs.
When Responsibility Blurs: Complex Scenarios
Determining who is responsible for plastering repairs can be tricky in certain situations, especially when damage involves both lot and common property. Here are some common scenarios:
The Source of the Damage: Who’s Liable?
If a common property issue causes damage to a private lot’s plastering, the Owners Corporation is typically responsible for fixing the issue. For example, if a leak in the shared roof causes water damage to a ceiling in your unit, the OC must repair both the roof and the ceiling.
On the flip side, if damage is caused by neglect or actions within a private lot (such as a leaking internal tap that damages common property), the lot owner is responsible for the repair and must compensate the OC or their neighbour.
The “Benefit Principle”: Who Pays for Repairs?
Sometimes, the OC applies the “benefit principle” when deciding who should pay for a repair. If the repair benefits only one or a few owners (rather than all owners), the costs can be allocated to those specific owners.
For instance, if an internal wall is being repaired due to a plumbing leak affecting only one unit, the OC may decide to pass the cost onto the individual owner, rather than all residents.
Building Defects in New Developments: Who is Liable?
For newer buildings in Melbourne, plastering issues like major structural cracks may be considered building defects. These issues are typically the responsibility of the builder, architect, or engineer, especially if they are within the warranty period.
| Type of Defect | Warranty Period | Who is Liable |
| Non-structural defects | Usually a two-year warranty | Builder or Developer |
| Structural defects | Typically a six-year warranty | Builder/Engineer |
If the issue is related to common property (e.g., cladding or external walls), the Owners Corporation must investigate and pursue the builder for repairs.
How Repairs Work: Step-by-Step Process
Here’s a breakdown of how plastering repairs are handled in a strata scheme.
Step 1: Identifying the Issue and Reporting It
Residents should keep an eye out for signs of damage such as widening cracks, sagging ceilings, or persistent water stains. If the issue is internal (like a crack in your unit’s wall), the lot owner should arrange a private contractor to carry out the repairs.
If the damage concerns common property, like a wall in the hallway or the building’s facade, it must be reported to the strata manager or Owners Corporation. Always document the damage with photos or videos to ensure clarity when reporting.
Step 2: Investigation and Expert Assessment
For more complex issues like water ingress or significant structural cracking, the OC may appoint a building consultant or structural engineer to assess the root cause. These experts might use tools like infrared cameras to detect moisture behind plasterboard or identify structural weaknesses.
Step 3: Getting Quotes and Approval for Repairs
Once the issue is assessed, quotes are obtained.
- Minor repairs: Often handled directly by the OC or strata manager without a formal meeting.
- Major repairs: Require multiple quotes and approval at a general meeting, particularly for significant plastering repairs that might incur high costs.
Step 4: Creating a Scope of Work for Large Repairs
For more extensive repairs, a Scope of Works document is created by a professional (like an insurance builder or consultant). This document outlines the detailed work required, ensuring all necessary tasks (such as plaster removal, replacing carpets, and any structural repairs) are included and avoid “surprise costs” later.
Funding the Repairs: Understanding Strata Levies
Repairs in Melbourne’s strata schemes are typically funded through owner levies. These levies are divided into several funds, each designated for specific repairs and maintenance.
How Strata Levies Fund Plastering Repairs
- Administrative Fund: Covers routine maintenance and minor repairs.
- Maintenance Fund (Capital Works Fund): Used for larger projects such as the building’s exterior or structural remediation.
If unexpected major repairs arise and the reserve funds are insufficient, the OC can impose a special levy on owners to cover these costs.
Resolving Disputes Over Strata Repairs
Disagreements over who is responsible for repairs or the quality of work are common in strata living. Here’s how to handle these situations:
Internal Dispute Resolution: Handling Repair Conflicts
The first step in resolving repair disputes is through open communication and formal reporting via the strata manager. Most issues can be resolved with direct engagement and a clear record of the damage.
Mediation and VCAT: Taking Legal Action if Needed
If an agreement cannot be reached, mediation services through Consumer Affairs Victoria may be used. For serious disputes, you can take the issue to the Victorian Civil and Administrative Tribunal (VCAT), which can issue legally binding orders for the OC to complete necessary maintenance or order a lot owner to fix unauthorised modifications.
To avoid costly plastering repairs, regular building inspections are vital. An effective 10-year maintenance plan ensures that minor issues are addressed before they escalate into structural failures.
Proactive strata management ensures that plastering issues are dealt with swiftly and effectively, maintaining the long-term value of the building and providing peace of mind to residents.
