Termites are the single biggest pest risk for NSW townhouses โ€” far more so than for apartment buildings. Most townhouses have timber framing, ground-level construction, and gardens close to the building. That's exactly what termites are looking for. The simple rule: protecting and treating common structural elements is the owners corporation's job. Pests inside your lot (cockroaches, ants, rodents) are yours.

What we're talking about

Pest issues in a townhouse scheme generally fall into two groups:

Termites get the most attention because they cause the most damage and the most disputes. A townhouse with active termites can run up tens of thousands of dollars in repairs if it isn't caught early.

Typical position

Usually OC

  • Annual termite inspections of common structural elements
  • Termite barriers and treatment of common property
  • Repair of termite damage to common structure (frame, beams, common walls)
  • Treatment of common gardens, fences and external timber
  • Possums or bees nesting in common roof spaces
  • Rodents in common areas (driveways, common bin areas)

Usually owner

  • Pests inside the lot (cockroaches, ants, spiders, rodents)
  • Treatment of damage to lot-only finishes and fittings
  • Internal termite activity attacking lot fixtures only
  • Cleanliness and storage practices that attract pests
  • Sealing entry points inside the lot

Often grey

  • Termites first found inside a lot but affecting common structure
  • Treatment that needs access to multiple lots
  • Damage where it's unclear whether the timber is lot or common
  • Garden conditions on a lot that attract termites
  • Old termite damage in a recently bought lot

โš  This is much more of a townhouse issue than an apartment issue

Apartment buildings โ€” especially modern concrete-and-steel construction โ€” have very limited termite exposure. There's little timber, no ground contact for most of the building, and pest issues are usually nuisance pests rather than structural.

Townhouses are different. Most have timber framing, timber subfloors, timber fascia and eaves, ground-floor construction, and gardens up against walls. They're textbook termite targets. Older townhouse schemes โ€” say, 1970s and 1980s vintage โ€” are particularly vulnerable because they predate modern Australian Standard termite barriers (AS 3660.1).

If you're managing or living in a townhouse scheme and there's no annual termite inspection programme, that's a gap to address โ€” not a "nice to have."

Grey areas and common disputes

Annual termite inspections

Australian Standard AS 4349.3 recommends annual termite inspections of residential buildings. Most insurance policies, building reports and conveyancers reference this standard. For a townhouse strata scheme:

For committees: if there's no current termite inspection report on file, get one. It's one of the cheapest pieces of due diligence available.

Termite damage โ€” common property or lot?

This is the most common dispute. Termites don't read the strata plan. They eat what's there. When damage is found:

The strata plan tells you the boundary. A building consultant or pest inspector can identify what's lot and what's common in a particular case.

Treatment that needs access to multiple lots

Modern termite treatment often involves trenching around the building, installing bait stations, or applying chemical barriers. This can mean accessing several lots โ€” including courtyards, gardens, and sometimes inside lots for inspection. The owners corporation has the right under Section 122 of the SSMA to enter a lot for repair and maintenance purposes, with reasonable notice. Owners can't refuse access for genuine common-property pest treatment.

Lot owner activities that attract termites

If a lot owner has done something that materially increased the termite risk (timber retained against the building, stored firewood next to a wall, garden beds raised above the slab) and damage results, the OC may be able to recover some treatment cost from that owner. This is fact-specific and rarely needs to go to NCAT, but it's worth raising practically with owners when they're creating obvious risks.

Nuisance pests โ€” cockroaches, ants, rodents inside the lot

If you see pests inside your townhouse, they're your problem. The owners corporation doesn't pay for fortnightly cockroach sprays inside lots, ant baits in your kitchen, or rodent traps under your sink. The OC pays for pest control of common areas and structural elements only.

Possums and birds in roof spaces

Possums in the roof of a townhouse usually mean access through a common roof space โ€” common property. The OC arranges removal (humanely, since possums are protected) and seals the access points. Inside your lot's roof space that's only yours, you arrange it yourself. Confirm with the strata plan if you're unsure.

Why prevention pays for itself

A termite inspection costs a few hundred dollars. Termite damage to a townhouse frame can cost tens of thousands to repair. For a small townhouse strata scheme operating on a tight budget, annual inspections aren't optional spending โ€” they're cheap insurance. We routinely recommend they sit in the 10-year capital works plan as a recurring expense.

Practical next steps

  1. Make sure the OC has a current termite inspection programme. Annual is the standard.
  2. If you see signs of termite activity โ€” mud tubes on walls, hollow-sounding timber, frass (small piles of "wood dust") โ€” report it in writing immediately. Don't disturb the area.
  3. Don't store timber, firewood, or organic material against the building. Don't pile garden beds above the slab line.
  4. For nuisance pests inside your lot, deal with them yourself. Maintain cleanliness, seal entry points, use baits or call a pest controller.
  5. Check the strata plan if there's any doubt about whether damaged timber is lot or common property.
  6. For committees: keep the inspection certificate on file and act promptly on any recommendations. Failing to act on a known risk significantly increases the OC's exposure under Section 106.

Sources

Strata Schemes Management Act 2015 (NSW), s4 (definition of common property โ€” includes structural elements), s106 (strict duty to repair and maintain common property), s122 (right of access to lot for repair/maintenance of common property).

Seiwa Pty Ltd v The Owners โ€” Strata Plan No 35042 [2006] NSWSC 1157 โ€” strict duty principle applies to termite damage of common structural elements.

Australian Standard AS 4349.3 โ€” Inspection of buildings: Timber pest inspections.

Australian Standard AS 3660.1 โ€” Termite management: New building work.

NSW Fair Trading โ€” Strata living and dispute resolution guidance.

This isn't legal advice. Termite damage cases can be expensive and involve insurance, building consultants, and possibly NCAT. For active termite issues, get a licensed pest inspector and the strata manager involved early โ€” don't wait, and don't try to treat it yourself.
AH
Alan Hunter
Licensee in Charge, Townhouse Strata ยท Class 1 Strata Manager