Are you getting Wet from another property?

Not only does water account for over 80% of post construction building defects and damage, it can also be a complete nuisance. You may be on a new building site and impacted by surface water from a neighbouring property, or just moved into an apartment and getting ‘rained-on’ in your bedroom from the balcony above.

Enter the WATER ACT 1989.

Section 16 of the Water Act 1989 states, “Liability arising out of flow of water etc.

    (1)     If—

        (a)     there is a flow of water from the land of a person onto any other land; and

        (b)     that flow is not reasonable; and

        (c)     the water causes—

              (i)     injury to any other person; or

              (ii)     damage to the property (whether real or personal) of any other person; or

              (iii)     any other person to suffer economic loss—

the person who caused the flow is liable to pay damages to that other person in respect of that injury, damage or loss.

Need help with a nuisance water inspection? Get in touch!