Skip to content.
Return to Department of Building and Housing home page.

Information specific to owners or representatives of multi-unit complexes

The WHRS Act 2006 takes a ‘whole of building’ and ‘class action’ approach to claims for dwellinghouses in multi-unit complexes (units held under unit title, company share licence or cross-lease title). 

These complexes can bring one WHRS claim, get one assessment report and undertake one resolution process for the whole complex. This allows all the weathertightness issues in that complex to be dealt with at the same time.   

All the other information on this website is relevant to both stand-alone properties and those within a multi-unit complex. Information on this page is applicable only to unit owners in complexes. It should be read in conjunction with the other information on the website. 

The term claimant used on this website may refer to the individual owners of units, or representatives who bring the claim on behalf of the owners, or both. 

We have used the term unit to mean dwellinghouse as defined in the WHRS Act, including units, flats or townhouses in any type of multi-unit complex. 

Different types of multi-unit complex

 A multi-unit complex can be one of three different types depending on the legal title.

  1.  Unit title complex 
    This is the most common form of ownership in a multi-unit complex. Each person owns their unit and also shares ownership of the ‘common property’ with the other owners. The body corporate (all the owners of the units) administers the complex and is responsible for the common property. Each complex will have its own body corporate rules.
  2. Cross-lease complex
    A number of people share in the ownership of a piece of land. The houses built on the land are usually flats or townhouses, but can also be unconnected houses. The owners lease their homes from each other on long-term leases. A memorandum of lease details the specific arrangements in each complex. 
  3. Company-share complex
    A company owns the complex and residents are shareholders with a licence to occupy their particular unit.

Different types of property

A multi-unit complex can consist of one or more of the following types of property. 

  • Unit property – property that is owned by one unit owner(s).
  • Shared property – property owned by more than one (but not all) unit owners, for example, a shared wall between units.
  • Common areas – property owned by all unit owners in common. This can include the roof, balconies, external cladding and so on, but varies between complexes.

These types of property are defined on the unit plan or flat plan that is attached to the certificate of title. Weathertight Services’ assessor will identify what kind of property is involved by looking at the unit or flat plan. They may also consult a surveyor to clarify the boundaries between units and common areas, which may vary between complexes.

Different types of WHRS multi-unit complex claim

There are four different types of WHRS claim that can be brought. The type of claim depends on the nature and extent of the property that has been damaged, not on the type of complex.

1. The multi-unit complex WHRS claim

This is the most common type of WHRS claim. In a multi-unit complex claim, the claim is for a group of units and any common areas.

2. The stand-alone complex WHRS claim

A stand-alone complex WHRS claim can only be brought if there are no common areas affected. It can be brought for the following unit(s) within a multi-unit complex.

  • One or more units that are each separate buildings with no common areas.
  • All units in one or more separate buildings with no common areas.

The owners of all the units in each separate building must authorise the claim to be brought and invasive testing (see details below) to be carried out.

If Weathertight Services becomes aware that there is a common area in the multi-unit complex that has been damaged, the stand-alone complex claim will be terminated as a multi-unit complex claim would need to be brought.

3. The common-areas-only WHRS claim

A common-areas-only WHRS claim can be brought for any common area that has been damaged, as long as no unit in the complex has been damaged.

If Weathertight Services becomes aware that individual units are damaged, the common-areas-only claim will be terminated as a multi-unit complex claim would need to be brought.

4. The single-unit WHRS claim

A single-unit WHRS claim can only be brought when:

  • no other unit has been damaged
  • no common areas have been damaged.

If Weathertight Services becomes aware that other units or common areas are damaged, the single-unit claim will be terminated as a claim for the whole complex would need to be brought.

Representatives

If the owners in a multi-unit complex decide they want to bring a claim under the WHRS Act, they authorise a representative to bring it on their behalf. There is one claim for the whole complex. The representative then acts as the claimant, with the authority of the owners. Decisions about the claim must be made according to the WHRS Act and the rules or constitution that govern the complex.

The representative’s responsibilities will include arranging access to all units and common areas covered by the WHRS claim so that the assessor can investigate them. When the assessor’s report is produced, it will be sent to the representative who is responsible for making it available to the owners involved.

The requirements for who can be a representative are as follows.

  • For a multi-unit complex WHRS claim or common-areas-only WHRS claim, the appropriate representative must bring the claim. This depends on the complex type.
    • For a unit title complex, the body corporate must be the representative that brings the WHRS claim.
    • For a cross-lease complex, a nominated representative must be the representative that brings the WHRS claim.
    • For a company-share complex, the company must be the representative that brings the WHRS claim.
  • For a stand-alone complex claim, a nominated representative must bring the WHRS claim. To authorise the representative to bring the claim, every owner must provide the representative with written authorisation.
  • For a single-unit claim, the owner is deemed to be the representative and may bring the WHRS claim.

Bringing a WHRS claim

1. The WHRS claim must meet or be capable of meeting the eligibility criteria.

The eligibility criteria under the WHRS Act for a multi-unit complex are that the:

  • claim must be brought by the authorised representative of the owner(s) of the units that are the subject of the claim (unless the claim is for a single unit only)
  • units claimed for must be principally for residential use (rental properties are permitted but not time-share or commercial properties within the complex)
  • units and/or common areas must have been built or altered within the 10 years immediately preceding the date of lodging of the claim
  • complex must be or have been leaking
  • complex must have been damaged as a result of the leaking.

2. The WHRS claim and invasive testing (see below) must be properly authorised.

Authorisation requirements differ depending on the complex type.

  • For a unit title complex, at least 80 percent of those entitled to vote must authorise the body corporate to bring the claim and authorise invasive testing of any common areas involved unless a lower percentage is allowed by the body corporate rules of the complex. If unit property is involved, the owners of at least 75 percent of the residential units must authorise invasive testing of their units.
  • For a cross-lease complex, the owners of at least 80 percent of the units must authorise the nominated representative to bring the claim and authorise invasive testing of any common areas involved unless a lower percentage is allowed in the lease documents. If unit property is involved, the owners of at least 75 percent of the residential units must authorise invasive testing of their units.
  • For a company-share complex, at least 80 percent of those entitled to vote must authorise the company to bring the claim and authorise invasive testing of any common areas involved unless a lower percentage is allowed by the company’s constitution. If unit property is involved, the owners of at least 75 percent of the residential units must authorise invasive testing of their units.

Invasive testing

The assessor’s investigation of the complex will include ‘invasive testing’ to measure moisture content and assess the damage to the complex. This means the assessor in most cases will:

  • drill holes in walls (inside and outside)
  • cut A4-sized holes in walls (inside and outside)
  • take samples of wood or mould from inside the wall.

Invasive testing enables the assessor to assess the extent of the damage and the cost of repairs.

Because of the nature of invasive testing, the WHRS Act requires the consent of the owners of at least 75 percent of the units in the complex. We cannot accept the claim without this consent. You can view photos showing sites where invasive testing has occurred.

The assessor will make temporary repairs to the drill holes and cut-outs, but the claimant will be responsible for final reinstatement of any temporary repairs.

Invasive testing will not be undertaken on property that has already been fully repaired.