Dear all sifu, the report is provided by the management, saying that the T joint is belongs to the upper unit, so the upper unit is responsible for the repair.
Would like to seek for your professional opinion on who is responsible for the repair? Because as per the SMR 2015 no.58, the T joint does not only serve the upper unit alone, it is connected to all the units above as well. Furthermore, the T joint is leaking on the lower part and the T joint is located in the void area of lower unit.

Your opinion is much appreciated

58. Matters to be considered in determining cause of leakage
In determining the cause and the party responsible to rectify any defect, the following matters shall be taken into consideration-
(a) the presumption under section 142 of the Act that the defect is within the parcel above the affected parcel;
© any defect in any water meter, water pipe, drainage pipe, sewerage pipe, gas meter, gas pipe and duct that serves only one parcel is a defect of that parcel, even though the water meter, water pipe, drainage pipe, sewerage pipe, gas meter, gas pipe and duct may be situated on or embedded in common property or void space above the ceiling or wall or floor, as the case may be





This post has been edited by mrkeann: Sep 24 2022, 02:13 AM

I would say is the management...if not the upper unit can seal it....if it belongs to them?

The pipe is in void area of the lower unit

I was told by mgmt that anything belong to exterior is consider their...
Anything that facing or visible externally.

From what you draw. That leaking piece is actually touching upper and lower unit right?
Both have to pay half half? Hv he agree with tht?

The pipe is conceal in the void area of the lower unit behind the wardrobe, they hacked up the wall only found the leak from the T joint (lower part of T joint)

The leaking T joint has 3 connections, it is connected all units above(top), upper unit(right) and lower unit (btm)

The management attempt to claim for insurance first, so the upper and lower unit will wait for the result. However, was told by the management the insurance will not cover the cost for hacking to identify the leak.

This post has been edited by mrkeann: Sep 24 2022, 02:46 AM

Any cost that cannot be claim, just all share the cost and get it done. Do you think anyone wants it to happen? No point finger pointing who's responsibility. Just my 2cents.

Any cost that cannot be claim, just all share the cost and get it done. Do you think anyone wants it to happen? No point finger pointing who's responsibility. Just my 2cents.

How about upper unit and lower unit claiming that suppose to be a shared pipe and management pay?

How much is the cost to hack the wall ?

Around 1k

Split the cost..
Slow talk & nego....
It's the best solution...

If all stubborn...
Problem won't solve

I would consider sharing the cost by all the units using the drain pipe. Better should be under management.

Should be under management. this pipe is consider common pipe as it served by few units...

same like s.pool.. every one need to pay (ie. management) for repair whether u got use or no use..

But now management report state that the pipe is the upper unit responsibility. Still be able to argue?

Management came out the report state that upper unit responsible. The T joint purpose is to join the upper drain pipe to the common drain pipe, but still the T joint serve more than 1 units

I'm afraid if the upper unit refuse to pay, this will drag the whole repair process longer. I think it is a common sense the cost should be bare by management or all the unit that share the pipe.

As per the law the T joint serve more than 1 unit, so is upper unit really responsible?

The purpose of any joints in a discharge pipe is to connect to a user that need the waste discharge or to extend the pipe due to the limited length.

In this case, on the assumption if owner dont need the connection, the T-Joint is not necessary and the developer would just use a straight pipe without joint and there would be no leak.

If at all a straight joint is required to extend the length from upper units and if is leaking, then is the mc or jmb responsibility since it is not link to the immediate upper unit.

In conclusion, the T-Joint is to serve immediate upper unit rather than ALL upper units and hence the immediate upper unit is the 'owner'.

The above reasoning is likely the same approach taken by the insurance co and hence they rejected the claim.

In any insurance claim, the aggrieved party must prove that the fault is the insured party (ie the building management) that caused the damaged or injury for the claim to be approved.

This post has been edited by mini orchard: Sep 25 2022, 06:41 AM

Thanks for the very good and clear explanation. I have one question with respect to the insurance claim. If I were to have bought separate fire insurance for the unit, then will the insurance honor my claim?

There are 2 types of 'fire' policy.

1. Basic fire which covers only fire and the premium is alot cheaper.

2. Houseowner policy which covers fire plus others like leaking or flooding due to breakage of water pipe etc.

The policy wording is water pipe. Not sure is applicable to waste discharge pipe.

Pls check with your insurer.