The Short Answer Is: It Depends
Who pays for a water leak in a BC strata building is one of the most disputed questions in strata living. The answer depends on three things: where the water came from, whether it is common property or a unit boundary issue, and what your strata bylaws say. This guide explains each factor.
Common Property vs. Strata Lot
BC's Strata Property Act divides a building into two categories:
- Common property — owned collectively by all owners. Includes the building envelope (roof, exterior walls, foundation), common-area pipes, drain stacks, parkade slabs, balcony membranes and in many buildings the windows.
- Strata lot (unit) — the individual suite, including suite plumbing fixtures, in-suite water supply lines, in-suite drain connections, and finishes (drywall, flooring, paint).
If the leak source is in common property, the strata corporation is typically responsible for repair. If it originates within a unit (a failed toilet supply line, an overflowing bathtub, a shower pan breakdown), the unit owner is generally responsible.
The Strata Bylaw Factor
Standard BC strata bylaws add an important rule: an owner is responsible for repair and maintenance of their strata lot and, critically, for damage caused to other strata lots by their own strata lot's failure. So if your toilet supply line bursts and damages the unit below, you — and your strata lot insurance — are typically liable for the damage to your neighbour's unit.
Some strata corporations have bylaws that shift this liability back to the strata (and its insurance). Always check your specific bylaws and depreciation report.
Why an Inspection Report Comes First
In a dispute about who is responsible, the first question is always: where exactly did the water come from? Without a documented inspection report, no party can establish liability. Strata councils will not approve repair expenditures, insurers will not process claims, and legal proceedings cannot move forward without a clear, professional finding of source.
A professional leak detection inspection — with thermal imagery, moisture readings and a written source determination — is the foundation of any strata water damage claim. It protects the affected owner, the source owner and the strata council.
What Strata Insurance Covers
Most BC strata buildings carry a master strata insurance policy covering the common property and original fit-out of units (the "original construction standard"). Unit owners carry their own insurance covering their personal belongings, betterments (upgrades above original standard) and sometimes their deductible contribution if they are the source of the damage.
Since 2022, strata corporations in BC can pass bylaws requiring owners to reimburse the strata for its insurance deductible (which can be $25,000–$100,000 or more) if the owner's strata lot is the source of the claim. This has made accurate source identification even more critical for unit owners.
Steps After Discovering a Leak
- Document everything: photos, date, what triggered the appearance of water.
- Stop the source if you can (turn off the water supply to a fixture).
- Notify the strata council in writing — immediately. Delay can affect insurance eligibility.
- Commission a professional leak detection inspection to identify the source objectively.
- Contact your strata lot insurer and the strata's insurer.
- Do not begin repairs or remediation until the inspection report is complete — disturbing the scene can complicate liability.
When the Source Is Disputed
If both the strata corporation and the unit owner claim the other is responsible, a professional inspection report is the most effective way to resolve the dispute without legal proceedings. The report establishes the facts — where the water entered, through what failure mode, and what component was involved. Legal interpretation of who is responsible follows from those facts.
LeakInspections.ca provides objective, factual inspection reports. We do not assign legal liability — that is for lawyers and the courts. We determine where the water came from, and provide the evidence that allows liability to be fairly assessed.
LeakInspections.ca is a division of Anyleak.ca and Leak.ca — BC's specialist leak detection network since 1999. Call 604-239-9934.