Who is Responsible for Roof Repairs in a Body Corporate?

In a Body Corporate, responsibility for roof repairs depends on how the property is structured, what the Unit Plan shows, and how ownership is divided between common property and individual units. The key principle is simple: the Body Corporate maintains common property, while owners are responsible for their own units. But with roofs, the boundary can sometimes be harder to define.

Understanding Common Property and Unit Boundaries

Under the Unit Titles Act 2010, every development is divided into units (privately owned) and common property (collectively owned by all unit owners). Whether the roof belongs to the Body Corporate or to an individual owner depends on how the unit boundaries are defined on the deposited Unit Plan.

• If the boundary is at the centre of the walls, floors, and ceilings, the outer part of the roof will usually form part of the common property.
• If the boundary is at the exterior surface, the entire roof may belong to the individual unit owner.

Because every building layout is different, it’s always best to check the Unit Plan held with Land Information New Zealand (LINZ) or request guidance from your Body Corporate manager.

Roof Repairs in Multi-Level Developments (Apartments)

In a multi-level apartment building, the roof almost always forms part of the common property, because it covers multiple units. This means:

• The Body Corporate is responsible for roof maintenance, leak prevention, and major repairs.
• All unit owners contribute to the cost through their Body Corporate levies.
  
  

Common examples include:

• Replacing roofing membranes or flashing on a shared rooftop.
• Repairing damage caused by weather, corrosion, or age.
• Maintaining roof drainage and gutters connected to the common system.

Even when a leak only affects one apartment, the underlying cause is often a building-wide issue, meaning the repair remains the Body Corporate’s responsibility.

Roof Repairs in Single-Level or Stand-Alone Developments

In single-level complexes or townhouse-style developments, each unit may have its own individual roof. Whether the Body Corporate or the owner pays depends on how the units are defined.

• If each roof sits entirely within the unit boundary, the owner is responsible for maintaining and repairing it.
• If the roofs connect or overlap, or if the guttering or flashing form part of a shared structure, those areas may be common property, and the Body Corporate will need to arrange repairs.

In practice, this often means:

• Each owner looks after their own roof surface.
• The Body Corporate manages shared areas such as carport roofs or inter-unit flashings, but any costs are usually charged back to the specific unit owners affected, rather than shared across all owners.

Because layouts vary widely, many bodies corporate include extra clarity in their operational rules to define who maintains which parts.

What the Unit Titles Act Says About Maintenance Responsibility

Section 138 of the Unit Titles Act 2010 requires the Body Corporate to maintain, repair, and renew common property and building elements that affect more than one unit.

That means even if a roof forms part of one owner’s unit, if a leak or failure impacts another unit or the common property, the Body Corporate may still have a duty to act or contribute to repairs.

For example:

• A townhouse owner’s damaged guttering causes water to enter the neighbour’s wall cavity.
• A leaking roof membrane above one apartment affects ceiling spaces in several units below.

In both cases, the Body Corporate has an interest because the issue extends beyond one unit.

How to Confirm Responsibility Before Repairs Begin

When a roof issue arises, follow these steps before authorising any work:

1. Check the Unit Plan – confirm where the boundaries lie.
2. Consult the Operational Rules – some bodies corporate include specific clauses about roof or exterior maintenance.
3. Notify the Body Corporate Manager – never undertake major repairs before confirming responsibility.
4. Inspect the Damage – determine whether it affects common property or multiple units.
5. Agree on Scope and Cost Allocation – if shared responsibility applies, costs should be proportionally divided.

This process avoids disputes and ensures the correct party pays for the work.

Handling Disputes or Unclear Situations

Roof disputes are among the most common in New Zealand bodies corporate. If owners or committees can’t agree on responsibility:

• Seek professional advice from a Body Corporate manager or property lawyer experienced in unit title law.
• Refer the matter to the Tenancy Tribunal for formal resolution if consensus cannot be reached.
• Document decisions in the Body Corporate meeting minutes and keep a record of correspondence for transparency.

Clarity and record-keeping protect both the Body Corporate and individual owners in future.

Preventive Maintenance and Budgeting

Proactive roof maintenance is often far cheaper than emergency repairs. Bodies corporate should:

• Schedule regular roof inspections, ideally every 2–3 years.
• Include allowance for roof repairs or renewal in the Long-Term Maintenance Plan (LTMP).
• Keep detailed maintenance records for insurance and compliance purposes.

A well-maintained roof protects all units below and reduces long-term costs for owners.

Conclusion

Responsibility for roof repairs in a Body Corporate depends on how the Unit Plan defines ownership boundaries. In apartment buildings, the Body Corporate typically handles repairs. In townhouse or single-level complexes, responsibility can vary. When in doubt, always refer to your Unit Plan, operational rules, and professional advice from your Body Corporate manager.