Why is my roof still not fixed?
A roof repair can take time when insurance decisions, contractor availability, construction demand and approval requirements overlap. This can be frustrating, particularly when water is entering your lot or the damage is getting worse.
The next step depends on whether the roof is common property, who arranged the work, which insurance policy may respond and what approvals are needed. This article explains how to check responsibility, reduce further damage and help move the repair forward.
Who is responsible for repairing a roof in a body corporate?
The body corporate is generally responsible for maintaining common property in good and structurally sound condition. This maintenance can include work needed to prevent damage. However, the body corporate is not automatically responsible for the roof in every scheme.
Responsibility depends on the registered survey plan, the boundaries of the lots and common property, and the regulation module applying to the scheme. Building format and standard format plans can allocate responsibility differently. Check the scheme’s survey plan and community management statement before deciding who must arrange or pay for the work.
For example, in a building format scheme, the body corporate will usually insure each building containing a lot. In a standard format scheme, the body corporate must insure buildings with a common wall, while the lot owner is responsible for insuring a free-standing building. The maintenance responsibility for the roof should still be checked against the plan and applicable obligations.
If common property has not been maintained and this causes damage to a lot, the body corporate may be liable. An owner may also be liable where poor maintenance of their lot causes damage to another lot or common property.
Start by asking the body corporate manager or committee for:
- the relevant part of the survey plan
- the community management statement
- the regulation module applying to the scheme
- any maintenance reports or quotations
- the insurance claim number and current claim correspondence
- a clear update on what work has been approved and what remains outstanding.
Our body corporate maintenance factsheet also provides practical information about working out maintenance responsibilities.
Why can an insurance claim or roof repair take so long?
Insurance and building repairs can be delayed after severe weather. High demand for contractors, difficulty sourcing materials, construction demand and rising labour or building costs can all affect how quickly work is quoted, approved and completed.
There may also be several decisions to make. The body corporate may need to confirm responsibility, obtain a report or quotation, check the policy, approve spending and arrange access to the building. As a result, a claim can appear to have stopped while information is still being gathered.
A body corporate must have insurance for common property, body corporate assets, public risk and, in most cases, every building containing a lot.
The body corporate must insure common property and body corporate assets for their full replacement value. Building insurance must cover damage and other costs needed to reinstate or replace insured buildings, including professional fees and removing debris.
A repair may also need to be funded through the body corporate budget. Spending powers depend on the scheme’s regulation module, the relevant spending limit, available funds and whether a general meeting is required. If the proposal exceeds the relevant limit, the body corporate may need to consider the required quotations and approvals.
The spending rules do not mean that every roof repair requires multiple quotes. For schemes covered by the information on the government page, a major spending limit determines how many quotes are required. Two quotes are generally required when spending is over the relevant limit, but one quote may be enough in exceptional circumstances where two cannot be obtained.
Construction cost changes can affect the replacement value used for building insurance. The body corporate should review the building’s valuation when appropriate, so the insured value does not fall behind the likely cost of rebuilding.
What can a committee do while a roof repair is delayed?
A committee may not be able to remove every delay, but it can make sure the next decision is clear and properly supported.
Consider these steps:
- Confirm the immediate risk. Ask whether the roof is allowing water into lots or common property, whether temporary measures are needed and whether any area should be restricted for safety.
- Obtain a written condition update. Ask the contractor, building consultant or other relevant professional to identify the cause of the problem, the recommended repair and any work needed to prevent further damage.
- Keep essential repairs moving. Prioritise work that prevents additional damage or creates a safety concern over lower-risk improvements.
- Check alternative contractors. If the usual contractor is unavailable, the committee can consider another suitably qualified contractor with relevant experience.
- Record the decision. Keep the quotations, reports, meeting minutes, approvals and reasons for choosing the recommended approach.
- Check available funds. If the budget does not cover the work, the body corporate may need to amend the budget or consider a special levy.
- Avoid dividing one project into artificial stages. A single project cannot be broken into smaller parts simply to bring each part below the major spending limit.
The committee should avoid unnecessary delay while still following the scheme’s approval requirements. Reliable contractors, clear instructions and complete records can reduce repeated requests for information.
If the work has already been completed and appears defective, the body corporate may be able to seek help from the Queensland Building and Construction Commission. QBCC assistance depends on eligibility, the type and value of the work, the contract and when the complaint is made. A body corporate representative can apply about defective work affecting common property.
For unit or townhouse complexes, the body corporate representative should lodge a complaint about common property defects. An individual owner should lodge a complaint about defects affecting their own property. For example, the body corporate may complain about a defective roof leak, while an owner may complain about internal plaster damage caused by that leak.
Do not wait unnecessarily if you believe building work is defective. QBCC complaint timeframes apply, and the available process depends on the type of defect and contract.
How should you document damage and communicate with the insurer?
Keep one file for the roof issue. Add photographs, videos, reports, quotations, invoices, meeting records and emails in date order. Take photographs before and during any work where it is safe to do so, and keep receipts for reasonable costs connected with the damage or temporary measures.
When writing to the insurer or claims contact, use a short summary that states:
- when the damage was first noticed
- what areas are affected
- whether the damage is continuing
- what temporary steps have been taken
- what reports or quotations are attached
- what decision or action you are requesting
- when you need the next update.
Ask specific questions rather than sending repeated general requests. For example, ask whether further information is required, whether the claim is waiting for an approval, whether the proposed scope has been accepted and who will arrange the repair.
The body corporate should also keep owners informed about significant developments. The committee or body corporate manager can explain what insurance information is available for the issue and how owners will be updated. At the annual general meeting, the body corporate must give owners information about its insurance policies and any valuations completed, including the valuation date and full replacement value.
If floodwater or other contamination is present, prioritise safety and obtain appropriate professional guidance before undertaking clean-up work. Keep evidence of the condition and costs instead of assuming that every expense will be covered. Photos, receipts and quotations can help show the damage and the work proposed, but the policy wording will determine the insurance response.
Could the delay or repair affect your building insurance?
A delayed repair is a prompt to check whether the building is insured for its full replacement value. Rising construction and labour costs can affect the amount needed to rebuild, even where the building itself has not changed.
Where the body corporate must insure one or more buildings, an independent valuation of those buildings must be completed at least every 5 years. The valuation is for the full replacement cost.
Owners should not reduce insurance cover simply to lower premiums. Underinsurance can leave a shortfall if the building needs substantial repairs or replacement. The body corporate should consider whether the current valuation remains appropriate and whether construction cost changes have affected the replacement value.
The body corporate policy and an owner’s contents policy may respond to different parts of the damage. The answer depends on the survey plan, what has been damaged and the terms of the relevant policy. Check both policies before deciding whether the body corporate or an individual owner must pay.
An insurance excess may also need to be considered. The party responsible for paying it depends on the circumstances. Where damage results from poor maintenance of common property, it may be reasonable for the body corporate to pay the excess. The usual approach can differ where only one lot is affected or where a lot owner’s actions caused the damage.
You can read more in our body corporate insurance factsheet and body corporate insurance: who pays the excess.
A roof delay is easier to manage when responsibility, evidence, approvals and insurance information are dealt with together, so contact StrataCare at reception@stratacare.com.au if you need help working out the next practical step.
