The roof is one of the easier ones — in most townhouse strata schemes, the whole roof structure is common property and the owners corporation looks after it. But there are a few situations where things aren't so clear, especially in older schemes and where owners have made changes over the years.
What we're talking about
When we say "the roof", we usually mean everything above your ceiling — the tiles or sheets, the timber or steel framing underneath, the sarking, insulation that's part of the structure, the ridge capping, valleys, flashings, gutters and downpipes.
Roof problems are some of the most expensive items a small strata scheme will ever deal with, so knowing who's responsible matters. A leaking roof left unaddressed can damage ceilings, walls, flooring and contents — and disputes about who pays can drag on long after the water has dried.
Typical position
Here's the usual breakdown in a NSW townhouse strata scheme:
Usually OC
- Roof tiles or sheeting
- Roof structure (rafters, trusses)
- Sarking and underlay
- Ridge capping and flashings
- Valleys and gutters
- Downpipes (external)
- Eaves and fascia boards
Usually owner
- Internal ceiling finishes (paint, plasterboard)
- Skylights you installed yourself
- Solar panels you installed (in most schemes)
- TV aerials on your roof
- Damage you caused (e.g. cracked tile from your contractor)
Often grey
- Skylights installed before you bought
- Roof penetrations for vents or flues
- Internal box gutters
- Shared downpipes between lots
- Gutter cleaning (sometimes shared)
⚠ Important — townhouse schemes can be different
In apartment buildings, the roof is almost always common property without exception. In townhouse schemes, things can be set up differently — particularly in older schemes registered under earlier legislation, where the "lot" sometimes extended further than people realise.
A small number of townhouse schemes have been registered with parts of the roof structure as lot property. This is uncommon, but it does happen. Always check your registered strata plan before assuming anything.
Grey areas and common disputes
Skylights and roof penetrations
If a skylight was installed by a previous owner (whether legally or not), responsibility can be complicated. The owner who installed it is usually responsible for its ongoing maintenance under a common property rights by-law — but if no by-law was ever made, the position is murky. The same goes for kitchen rangehood flues, bathroom vents, and any other holes someone put in the roof at some point.
Gutter cleaning
Cleaning gutters is technically maintenance of common property, so it's the owners corporation's responsibility. But many small schemes ask owners to keep their own gutters clear — particularly where gutters only serve one lot. This usually works fine, but it isn't strictly how the legislation reads. If trees from one owner's lot are clogging another owner's gutter, things can get tense.
Damage caused by lack of maintenance
If a lot owner reports a leak and the owners corporation drags its feet, the OC can be on the hook for damage that flows from the delay — not just the original repair. NSW legislation (Section 106) makes this a strict duty. The reverse is also true: if an owner's actions caused the leak (a contractor damaging a flashing during a renovation, for example), the cost can shift back to that owner.
Solar panels installed before you bought
If solar was installed years ago without proper paperwork, the maintenance position can be unclear. If a by-law was registered, the by-law usually says the owner maintains the panels. If no by-law exists, you may need to sort it out — sometimes with legal advice.
Sources
Strata Schemes Management Act 2015 (NSW), s4 (definition of common property — includes roof and structural elements), s106 (strict duty to repair and maintain common property).
Seiwa Pty Ltd v The Owners — Strata Plan No 35042 [2006] NSWSC 1157 — strict duty principle applies to roof and gutter maintenance.
NSW Fair Trading — Strata living and dispute resolution guidance.