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After 10 years, her ceiling is still leaking from

upstairs neighbour
by Cheng Yee Ng 12TH JUNE 2017

Over the years, Julia, her husband, and their three children have had to endure leakages from
the upstairs neighbour, dripping into the kitchen, toilets and balcony of their apartment. What
can home owners do if it happens to them?

Having rented a house for four years, it was a dream come true for Julia (not her real name)
and her husband to nally purchase their own apartment unit 10 years ago.

However, their dream apartment in Section 17, Petaling Jaya has become a nightmare due to
constant leaks from the unit above.

The most recent and severe leakages were spotted early this year when the unit above theirs
started a massive renovation.

It not only resulted in mould on our kitchen ceiling but also sewage water dripping down onto
our unit, which is the most irritating part, said Julia.

She said when the seepage occurred, their back toilet was unusable twice for more than a
week, which had caused much inconvenience to the family of ve.

Julia said while they could easily identify the cause of the leakages, which were all originated
from the unit above, the neighbour refused to bear the full cost of repair.

In the end, we had to fork out money to pay for half of the repair cost, said Julia.
Water seepage due to water leaking from upstairs

The Upstairs Leak is a Common Occurrence

What Julia and her family have gone through is nothing uncommon, and something many
high-rise building dwellers can identify with.

Recently, Singapores The Straits Times reported that more than half of the complaints
lodged (about 188 cases) with the Strata Title Board (STB) in the past three years are
related to water leakage. (In Singapore, the STB is a mediation body that hears cases
involving unit owners and management corporations of strata-titled properties, including
condominiums, or conicts between such owners.)

What to do if it happens to you

Recommend.my spoke to senior associate Patricia Wan from Mak, Ng, Shao & Kee
Advocates and Solicitors on what you should do when facing similar issues. This is what she
said:

When an inter-oor leakage is detected, the rst thing the owner of the affected unit must do
is give notice to either:

The developer (if the unit is still under its management period or the building is still under
the defect liability period, stated in the Sale and Purchase Agreement), OR
 The management body for the building. This can be either the joint management body;
management corporation, subsidiary management corporation; or managing agent.

The developer or management body will have to carry out an inspection of the leakage as
soon as practically possible, or within seven days after receiving the notice.

Under the Strata Management (Maintenance and Management)

Regulations 2015, inter-oor leakage means dampness, moisture or water
penetration on the ceiling or any furnishing attached to the ceiling, which
forms part of the interior of a unit or common property,

Patricia Wan, Senior Associate, Mak, Ng, Shao & Kee Advocates and
Solicitors.

What if my neighbour doesnt want to let anyone do an

inspection?
The owner of the affected areas (whether it is the owner of the affected unit, or the owner of
the common property) is obligated to allow access for inspection within seven days of written
notice being given.

Failure to do so, the owner, proprietor or occupier of the affected area may face a ne of up to
RM50,000 or a maximum jail term of 3 years, or both, upon conviction.

After the unit has been inspected, the management body is required to issue a Certicate of
Inspection, which will include the cause of the leakage and the party responsible for the
rectication of the defect.

This will happen within ve days after the inspection.

Dont wait until your ceiling leak starts looking like this before you tell your
management ofce!
In emergency cases whereby an inter-oor leakage materially increases
the likelihood of ood, or danger of life or property, forced entry is allowed
without any written notice to gain access for inspection.

Patricia Wan, Senior Associate, Mak, Ng, Shao & Kee Advocates and
Solicitors

Who pays for the repair works?

The inspection should determine who pays for the repairs. It will usually be either the owner
of the unit above, the developer, or the management body for the building. Here are the
guidelines to determine which party is liable for the rectication of inter-oor leakage:

Under the Strata Management Act 2013, it is a statutory presumption that an inter-oor
leakage is originated from the upper oor unit unless its owner can prove otherwise.
It is a defect of the common property if the leakage has originated from any infrastructure
that serves more than one unit. These infrastructures include water or gas meter; water,
drainage, sewerage or gas pipe; or gas duct.
If the leakage is originated from any infrastructure that serves one particular unit, it is a
defect of that particular unit. This will include cases whereby the source of leakage is
situated or embedded in the common property, or void space above the ceiling or wall or
oor.

What if me and my neighbour dont agree with the ndings?

In the event of a stalemate or if any party is not satised with the decision made by the
management body, the case may be referred to the Commissioner of Buildings.

The Commissioner will then determine the cause of the inter-oor leakage and the party
responsible for the rectication works, and his decision must be complied by all parties.

The Commissioner may appoint a registered architect; engineer; quantity surveyor or

building surveyor to assist in determining the cause of the seepage.

However, the party responsible for the repair works will have to bear the cost of such
appointment.

Once a responsible party is identied, how quickly must they

x it?
Once a unit owner is identied to be responsible for the repair of an inter-oor leakage, he or
she must take all necessary steps to x the problem within seven days after receiving the
Certicate of Inspection.

Should the owner fail to do so, the management body can take over and make the repairs
rst, and then recover all costs and expenses from the owner.

However, the owner reserves the right to seek compensation from other parties for the repair
works.

Does the liable party need to repair the damage caused to

the lower unit also?
The Regulations do not clearly say to what extent the rectication works need be done by
the liable party. However, the provisions in the Regulations seems to suggest that the party
responsible for any rectication works will have to x both the inter-oor leakage and restore
the affected unit to its original condition prior to the damage, said Wan.

What if I just received my keys from the developer?

It depends whether or not your unit is still under the defect liability period.

If yes, and if the inter-oor leakage is due to any defect of common property, the owner
needs to make a claim against the Common Property Defects Account, maintained by the
Commissioner of Buildings.

However, if the inter-oor leakage is due to a defect inside the unit, the owner needs to make
a claim against the developer, who will be responsible for the rectication works.

Such a defect will have been caused by either poor workmanship or failure to construct
according to the approved plans and descriptions by the relevant authorities.

After the repair is done, and the leak still occurs after the defect liability period, the owner of
the affected unit will need to notify the management body.

The management body will need to make an inspection to determine the cause of leakage
and the party responsible for rectication (according to the Regulations). Again, the defects
should be rectied by the responsible party within seven days after receiving the Certicate
of Inspection.
Even a new condo unit may face water leakage from upstairs

What if MY unit is the one leaking on the downstairs

neighbour?
The rst time you will realise this is happening is when the neighbour or management ofce
knocks on your door for an inspection.

If the inspection determines that the leak is due to a common property, the management
ofce will pay for it. Otherwise,if the unit is not under the defect liability period, you will need
to hire a plumber or hire a contractor to make the repair.

Is there a government agency looking after such cases?

In Malaysia, strata-titled property owners can bring their complaints to the Strata
Management Tribunal (SMT).The Strata Management Tribunal was created in 2015 as a
replacement for the Strata Titles Board, created in 2001.

The Tribunal has the power to hear and decide on claims below
RM250,000,includingdisputes over costs or repairs of a defect. Theywill make a decision
60 days from the rst day of hearing.

Be aware that the judgement of the Tribunal is mandatory. And if you dont abide by the
decision, it is a criminal offence, punishable by a nenot exceeding RM250,000 or
imprisonment for a term not exceeding three years, or both.

For more information, visit the Housing and Local Government Ministry, also known as
Kementrian Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan (KPKT).
On the KPKT website, look for a section known as Tribunal Perumahan dan Pengurusan
Strata (TPPS). They have ofces covering different zones in Malaysia. Contact details below:

Central Zone:

Aras 3, No. 51, Presint 4, Persiaran Perdana, 62100 Putrajaya.

Tel: +(6)03-8891 3284
Email: tribunal@kpkt.gov.my

Western Zone:

Tingkat 5-6, Bangunan Darul Takaful (Maidam), Jalan Sultan Ismail, 20200 Kuala Terengganu,
Terengganu
Tel: +(6)09-6228023/9046

Northern Zone:

Aras 7, Zon B Wisma Persekutuan, Seberang Perai Utara, 13200 Jalan Bertam, Kepala Batas,
Pulau Pinang
Tel: +(6)04-575 9022 /7899/7866

Southern Zone:

Tingkat 20, Menara Ansar, No.65 Jalan Trus, 80000 Johor Bahru, Johor
Tel: +(6)07-222 8069/8096

Conclusion: What to do if you experience leaking from

upstairs
If you stay in a high-rise apartment or condominium block, there is a risk that your ceiling may
start leaking from the upstairs unit.

This is a huge inconvenience, and should be xed right away. Thankfully, there are clear
regulations to help determine whos responsible. Report the leak to your management ofce
and they will do an inspection to nd the root cause.

Most of the time, the upstairs neighbour has to pay for the repairs. However, there are cases
where the leak comes from a pipe that serves both your units. In such cases, the
management ofce will pay for the repairs.

Whatever the outcome, remain neighbourly, cooperative, and solve the problem together. Its
part and parcel of high-rise living.

Special thanks to Patricia Wan, Senior Associate and Alvin Teo, Partner fromMak, Ng, Shao
& Kee Advocates and Solicitors for their generous inputs.