Water damage incidents between strata units is one of the most common—and confusing—disputes in condo living. When a leaking kitchen drain or supply line runs through another unit, figuring out who pays for repairs and damage can get complicated.
In British Columbia, the answer depends on where the pipe is located and how it’s classified under the Strata Property Act (“SPA”). This post explains how strata responsibilities are determined, what insurance covers, and what to do if a leak occurs between two units.
1. Common Property vs. Strata Lot: Who Owns the Pipe?
Under the Strata Property Act, common property generally includes pipes, wires, ducts, and other infrastructure that:
- Serve more than one unit, or
- Are located outside a strata lot’s boundaries—such as inside shared walls, floors, or ceilings.
Key Principles
- Pipes serving two or more units
→ Usually common property. The strata corporation must maintain and repair them. - Pipes running through another unit’s ceiling or wall
→ Even if the pipe serves just one unit, that ceiling space is part of the shared building structure—often making it common property.
Example: A kitchen drain running through the lower unit’s ceiling is normally a strata responsibility. - Pipes serving only one unit and entirely within that unit
→ Typically the owner’s responsibility to maintain and repair. - Pipes inside dividing walls or ceilings
→ Under SPA s. 68(1), the legal boundary is usually at the midpoint of the wall, floor, or ceiling between units.
Anything within that midpoint space is generally common property.
2. Who Pays for the Water Damage?
Once you know whether the pipe is common property or part of a strata lot, the next step is determining who pays for the resulting damage.
- If it’s common property:
The strata corporation is responsible for repairing the pipe and fixing any damage caused by its failure. - If it’s part of an owner’s lot:
The owner is responsible for repairs inside their strata lot. - If negligence is involved:
When damage occurs because an owner was careless (for example, through an unauthorized alteration), the strata may charge back repair costs or the insurance deductible under its bylaws.
3. Strata Insurance vs. Owner Insurance
Water damage claims often involve both strata and owner insurance policies. Here’s how the coverage usually breaks down:
| Type of Insurance | What It Covers |
| Strata Corporation Insurance | Common property and original fixtures and finishes in units. |
| Owner’s Insurance | Upgrades (“betterments”), flooring or cabinetry improvements, and personal contents. |
| Deductibles | Water-damage deductibles can be high (sometimes $25,000+). If a leak originates from an owner’s unit and the owner was negligent, that owner may have to pay the deductible. |
Important: When bylaws require proof of negligence before charging an owner, the strata corporation must show clear evidence.
Case Study: Zhang v. The Owners, Strata Plan BCS 1039 (2017 BCCRT 56)
Facts:
A leak appeared in the kitchen ceiling of a lower unit. The pipe causing the leak was in the wall separating two units but served only the upper unit.
Decision:
The Civil Resolution Tribunal (CRT) found the pipe was within the upper unit’s boundaries (beyond the midpoint of the wall), meaning it was part of that owner’s strata lot—not common property. The strata’s charge-back of the deductible to the upper unit owner was upheld.
Why it matters:
Responsibility depends on the exact physical location of the pipe relative to strata boundaries and which units it serves.
As seen in similar cases—like Keith v. The Owners, Strata Plan K 284 (2018 BCCRT 49)—a pipe located in a shared floor or ceiling boundary between units is often deemed common property.
4. How to Protect Yourself in a Strata Water Leak Dispute
If you’re dealing with a pipe leak between two units, here’s how to strengthen your position:
- Locate the pipe precisely.
Obtain plumbing reports, photos, and building drawings showing where the pipe runs. - Determine which units it serves.
Shared service = usually strata responsibility. - Gather maintenance records.
If the strata knew about recurring leaks and failed to act, that may indicate negligence. - Review your strata plan and bylaws.
Check how boundaries and limited common property are defined. - Communicate in writing.
Keep all correspondence with the strata council, property manager, and insurers.
Key Takeaways
- Pipes located in shared walls, floors, or ceilings between strata units are usually common property under the Strata Property Act.
- The strata corporation must maintain and repair common property—and cover damage resulting from its failure—unless an owner’s negligence caused the problem.
- Determining responsibility depends on:
- The exact location of the pipe, and
- The strata plan and bylaws that define boundaries.
- Proper documentation—photos, plumbing reports, and maintenance logs—can make or break your case in a strata dispute.
Need Help With a Strata Water Damage Dispute?
If you’re facing a water damage claim or conflict over repair responsibility, consult a strata lawyer or legal professional experienced in BC strata law. Getting clarity early can help you avoid unnecessary costs and preserve good neighbour relationships.
References
- Strata Property Act, SBC 1998, c. 43, s. 68 and s. 72.
- Zhang v. The Owners, Strata Plan BCS 1039, 2017 BCCRT 56.
- Keith v. The Owners, Strata Plan K 284, 2018 BCCRT 49.
- Fudge v. The Owners, Strata Plan NW 2636, 2012 BCPC 409.
