🏢 Tribunal Grants Urgent Access Order in Mill Point Strata Leak Dispute
- leigh_oliver
- Oct 26
- 4 min read
Updated: Oct 31
Case: The Owners of Mill Point Strata Scheme 11391 and Magnalaw Pty Ltd [2025] WASAT 106
When water starts flowing where it shouldn’t, things can get messy fast — especially in strata. A recent decision of the State Administrative Tribunal (WASAT) has reinforced a strata company’s right to access a lot to investigate water leaks and potential non-compliance with the Strata Titles Act 1985 (WA).
Background
The Owners of Mill Point Strata Scheme 11391 applied to the Tribunal for an interim order to compel access to Lot 9, owned by Magnalaw Pty Ltd, after ongoing reports of water leaking into other lots within the building.
Contractors suspected the source was unauthorised structural alterations made inside Lot 9. The strata company sought urgent access to inspect the unit and balcony to confirm the source of the water ingress and assess concerns about the fire rating of the lot’s front door.
Despite previous limited inspections, access had been restricted by the lot owner, who also refused to allow photographs to be taken during earlier visits. The owner, a structural engineer, opposed the new application, arguing that the inspections were intrusive and unnecessary.
Key Legal Points
1. Tribunal’s Jurisdiction:Under section 197(4) of the Strata Titles Act 1985 (WA), WASAT can determine “scheme disputes” between scheme participants — in this case, the strata company and a lot owner.
2. Interim Orders in Urgent Situations:The Tribunal can make interim orders under section 201(1) where urgent circumstances justify immediate action — such as ongoing water damage or safety risks.
3. Strata Company’s Right of Entry:Section 95(1) empowers a strata company to enter a lot to inspect or carry out work, provided reasonable notice is given. This right forms part of the statutory easement that allows the strata company to protect the integrity of the building.
4. Approval Required for Structural Alterations:Section 87(2) prohibits lot owners from carrying out structural alterations without approval by resolution without dissent. Evidence indicated that works had been undertaken at Lot 9 without such approval.
Evidence Considered
A video recorded by a neighbouring lot owner showed water cascading down the side of the building from Lot 9’s balcony on a dry day — confirming the leak wasn’t weather-related.
A licensed plumber, previously engaged by both parties, gave evidence that:
The ensuite shower had insufficient fall, allowing water to track to the balcony.
Balcony works had involved cutting into the concrete slab for electrical conduits, enabling pooling water to escape.
The waterproofing appeared inadequate, with no visible puddle flanges or membrane in certain wet areas.
The strata manager confirmed that the alterations had not been approved by the strata company or local government.
The Council of Owners raised safety concerns that a non-fire-rated door handle had compromised the fire rating of the front entry door.
The lot owner provided no independent expert evidence to refute these findings.
Tribunal’s Decision
The Tribunal granted the interim order, allowing the strata company and its appointed experts to access Lot 9 for a non-invasive inspection.
The Member, Ms C. Barton, found:
There were urgent circumstances due to ongoing water egress and possible fire safety non-compliance.
There was a serious question to be tried regarding unauthorised structural alterations.
The balance of convenience favoured granting access — as potential damage to other lots outweighed any inconvenience to the owner.
Access was limited to qualified contractors — a licensed plumber, leak detection specialists, building consultants, and fire experts. Representatives of the strata manager and council were excluded from attending, but the strata company’s solicitors could coordinate the inspection.
The order required the strata company to:
Give 48 hours’ notice before inspection;
Ensure attendees prepare a written report and photographs; and
Restrict the inspection to non-invasive activities.
Why This Case Matters
This decision reinforces that: ✅ Strata companies have the right — and responsibility — to act quickly when there’s risk of property damage or safety concerns. ✅ Lot owners cannot block reasonable access when an inspection is necessary under the Strata Titles Act. ✅ Unauthorised structural alterations remain a serious breach and can expose owners to liability. ✅ When there’s evidence of urgency — such as water leaks or compromised fire safety — the Tribunal is willing to step in promptly.
Practical Takeaways for Strata Managers & Councils
Document everything — including leaks, communications, and evidence of unauthorised works.
Follow notice procedures under section 65 when requesting access.
Act swiftly when leaks affect multiple lots — delay can worsen damage and liability.
Seek legal advice early if access is refused or obstructed.
Use expert evidence (e.g. plumbers, engineers, fire consultants) to support Tribunal applications.
Final Word
This decision highlights how the Tribunal balances privacy and property rights against the broader duty of the strata company to maintain and protect common property and lot integrity.
When urgent action is needed — like in Mill Point — strata companies can, and should, rely on the Tribunal’s powers to ensure that essential investigations aren’t delayed.
Citations:
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