My unit (upper floor) been leaking water to the lower floor. By law, upper floor should responsible for leaking.

If the lower floor didnt visit the unit for at least a year yet the damages is so much and cost 4-5 times higher then should the lower unit floor should share the cost ? If leaking discover earlier, then repair is much lesser.

If yes/no, any law or standard practice written for this?

You approach your management office to advice

I'm very scare of this problem as well. I bought a unit where I can see ceiling water stain above my toilet. In the midst of submitting defect list to developer

Just fix it lah. Last time got downstairs complain. Just fix it, a few hundred bucks.

no, upper unit still have to fix.

Kebocoran antara tingkat disebabkan oleh atau dikenal pasti berpunca daripada
suatu petak
61. (1) Jika kebocoran antara tingkat disebabkan oleh atau dikenal pasti
berpunca daripada suatu petak atau mana-mana bahagian daripadanya, pembeli,
pemunya petak atau pemilik petak itu, tanpa prejudis kepada haknya untuk
mendapatkan indemniti dari mana-mana pihak lain, hendaklah mengambil semua
langkah perlu untuk membaiki kebocoran antara tingkat itu dalam masa tujuh hari dari
penerimaan Borang 28.

(2) Sekiranya langkah-langkah yang dinyatakan dalam subperaturan 61(1)
tidak dilaksanakan, mana-mana pemaju, badan pengurusan bersama, perbadanan
pengurusan atau perbadanan pengurusan subsidiari atau ejen pengurusan yang dilantik
oleh Pesuruhjaya di bawah subseksyen 86(1) atau 91(3) Akta, mengikut mana-mana
yang berkenaan dengan, hendaklah secepat yang dapat dilaksanakan mengambil semua
langkah perlu untuk membaiki kebocoran antara tingkat itu dan hendaklah
mengenakan caj dan mendapatkan semua kos dan perbelanjaan dari pihak yang
bertanggungjawab untuk membaiki kebocoran itu.

This post has been edited by Burningsunz: Nov 18 2021, 11:15 AM

it closing to 10k.. it's like a waterwall downstair and a mini lake now. that owner not even dare to visit the house but asking the agent to help out. even to pass the key to agent also need to use pos laju

This post has been edited by pcyuen98: Nov 18 2021, 11:18 AM

check what caused the leakage first, if its caused by your unit, you can try to negotiate the damage payment with the unit below, if its still doesnt work ask him to raise it at the tribunal court and let the judge to decide

if its not your unit issue you dont need to pay anything

Get contractor go fix it since still new place , pretty sure u wont need key to access that place

leakage causes by my unit but much severe because delay of repair. Like cancer stage 1 to stage 4 now. the leakage spread to many places now

This post has been edited by pcyuen98: Nov 18 2021, 12:03 PM

fix the leak, damages not your fault since they didnt inform earlier and you not aware

Maybe u need a loyar Liao.

Waterfall...got shit or not?

Need to do water proofing works. Maybe the water seeping from a crack in your toilet Or bathroom.

The law doesn't state explicitly that the owner of the unit causing the leak has to pay for damages to the unit affected by the leak so it is arguable. It seems unfair for the owner of the unit above to bear the full cost when the extent of the damage was caused by the owner the unit below not attending to his unit for a year. If the owner decides to sue, let the court decide.

Have you identified the source of leak?
concealed piping?
The water bill must have been very high.

no need to bear the losses, only need to repair the leakage

The law says you have to repair the leak but does not specify you have to pay for the damages. Any damage you agree to pay is on goodwill basis.

now my concern is the leakages spreads like cancer stage 1 to cancer stage 4-5. The damages downstairs not gonna fix as agreed with owner

Leakage is usually from one point only. The leakage doesn't spread but the water can spread to other areas. Fix the source of the leak as per your responsibility. Cleaning up the area affected by the leak is the job of the downstairs unit.

you should find some repairman/plumber/contractor you ask trust to check on the leakage issue and how much it need to fix the leakage i.e the issue at your unit that is causing the leak.

as far as I know, the upper floor only liable to fix cause the leakage and ensure it does not leak anymore. what ever already happen downstairs, that is what the unit owner responsibility to do.

That's why landed is king.

You fix the leak first.

As for damages suffered by the owner of the floor below, the law allows him to claim for damages as a result of your negligent directly or indirectly.....meaning to initiate legal action against you.

For example ... if you knock into another vehicle, other than claiming for repairs, he can also claim for personal injury sustained, loss of income, etc.

This post has been edited by mini orchard: Nov 18 2021, 09:54 PM