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Roof Drainage Design Fault

By Geoff Taylor on Thu, 08 Nov 2018 at 19:33

My apartment is on the top floor of a multi-storey building and I have an exclusive use area balcony.

The roof of the building ends halfway over the balcony. There is no guttering at the end of the roof. Instead there is a form of a box gutter against a parapet wall through which ten (10) 25 mm diameter PVC pipes protrude to disgorge all the rainwater off the roof directly onto my balcony. There are only two (2) 12 mm diameter PVC pipes that have been laid through the balcony wall to drain off all the water that has been deposited on to the balcony. Water is deposited onto the balcony 21 times more than it is drained off the balcony in the same period. This is how the building was originally designed and built, some 10 years ago and, of course the developer/builder was liquidated roundabout that time too.

f this water cannot find its way off the balcony it will find its way into the building, causing untold problems.The managing agent has told me I am responsible for rectifying the roof and its guttering to remediate the drainage of the water off the roof.

I do not see how the owner of a single section can be held responsible for a building design problem, especially one that exists in a common area that is the roof and its gutters. Then on top of that I am held responsible for maintenance of the balcony, being an exclusive use area.

It seems that I am about to lose the sale of this apartment because of this problem as the potential buyer will not accept this responsibility for this common area building design fault in the future.

Is the managing agent correct or not, and if not correct do I have grounds for a legal claim against the agent for having lost the sale?

Your expert advice would be appreciated.

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RE: Roof Drainage Design Fault

Murray Bennett replied on Thu, 08 Nov 2018 at 19:53

You are responsible for all costs incurred for the maintenance and repair of an exclusive use area. From your description is sounds as if the problem is inadequate drainage from the balcony?

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