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Nano-G What To Do When Water Is Leaking From The Apartment Unit Above Yours

What To Do When Water Is Leaking From The Apartment Unit Above Yours?

Who should take responsibility for a water leakage problem in a condominium, apartment, or flat unit? Read this article for the right course of action if you’re facing a water leakage from the unit upstairs.

The legal term for this particular problem we’re discussing in this article is “inter-floor leakage” – which is described as water damage to your ceiling. The Strata Management (Maintenance & Management) Regulations 2015 defines this water damage as any evidence of moisture, dampness, or water penetration on your ceiling or the materials that make up your ceiling (Regulation 55).

Inter-floor leakage is particularly difficult to navigate since the root cause of the leakage happens to be in an upstairs unit that belongs to someone else! On top of having to deal with your neighbour above, you may also have to deal with many more stakeholders such as the management of the condominium, contractors, developers, and possibly even legal offices if worse comes to worst.

Fortunately, staying informed can save you a lot of time and unnecessary back-and-forth communication with various parties – and we’re here to equip you with the right knowledge.

Did you know?

Water leakage is one of the most common problems in buildings, new or old – and conflict between unit owners can escalate when they refuse to give in to rectify the problem. Thus, Nano-G advises every new condominium or apartment owner to waterproof their unit before moving in to ensure double protection and prevent leakage in the next few years.

Now let’s get started on the important bits.

If the unit above yours is the one with the leakage issue, but your unit is the one suffering from the water damages (eg. flooding warping, mold, water damages, etc.), but the owner just refuses to rectify the issue.

1. Make an official complaint to the condominium management (CM)

This move applies if you live in a condominium or an apartment that has its own management office. Following the Strata Management (Maintenance and Management Regulation 2015), you have the right to file an official notice to the management of the building to request an inspection. 

The management is then required to perform an inspection within 7 days after you file the notice. They should then issue a certificate of inspection within 5 days after conducting the inspection to identify the cause of the leak and the party responsible for fixing the leakage. If your unit is a new one and is within the defect liability period or still under warranty, you can lodge a complaint to the developer.

Nano-G's Strata Management Regulation Claiming Inter-Leakage Issue for High-Rise Building Tenant

2. What if the owner of the unit above refuses to let the management carry out the inspection?

By law, the owner is required to cooperate, or else they could be fined up to RM50,000, jailed for 3 years, or both. In fact, if there is a risk of property damage and/or a likelihood of endangering someone’s life due to the water leakage problem, the management of the building is allowed to enter by force.

Nano-G's Strata Management Regulation Claiming Inter-Leakage Issue for High-Rise Building Tenant

3. How soon should the unit owner get contractors to start repairs?

Repair works should start 7 days after the release of the certification of inspection by the management. If the unit owner has failed or refused to fix the water leakage, the management or the joint management body is to immediately take all necessary measures to rectify the inter-floor leakage. They will then charge and recover all costs and expenses from the owner of the unit.

Nano-G's Strata Management Regulation Claiming Inter-Leakage Issue for High-Rise Building Tenant

4. From whom do I claim the reimbursement for the damages on my unit?

If you bought a recently developed condominium, SOHO, or apartment unit and it is still under the defect liability period, you can actually make a claim from the developer.

If your unit is no longer covered by the defect liability period, and the damages you have suffered are caused by water leakage from the unit above you, you can claim reimbursements from the owner. Of course – it is easier said than done. Thus, you can claim the reimbursements from the management of the building, and they will then proceed to claim from your neighbour upstairs.

Nano-G's Strata Management Regulation Claiming Inter-Leakage Issue for High-Rise Building Tenant

Is there a better repair alternative to hacking up the floor to repair water leakage?

Is your neighbour or management considering an intrusive renovation to fix the water leakage? Recommend Nano-G to them; we use human-safe and eco-friendly nanotechnology solutions to overcome water leakage problems in homes and buildings across Malaysia.

If your bathroom causing water leakage damage to your neighbour downstairs, and you are uncomfortable with the idea of a full-blown renovation or floor-hacking to rectify the issue – consider Nano-G’s Nanotechnology Waterproofing solutions. With our technology, say goodbye to intrusive hacking of floors in your condominium unit, and save your neighbours from the pain of dealing with the noise and mess.

Nano-G's Call Us Now To Solve Your Water-Leakage Issue If Your Unit Causes The Water Leakage To Your Neighbour Downstairs

Nano-G’s solutions come with a money-back guarantee. Get our professionals to inspect your water leakage issue today.

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One Reply

  1. DANNY
    at 10:57 pm

    Are you able to fix the water leakage from the kitchen basin top? If yes, please contact me 0122183057.

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